MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE

Theodora Pritadianing Saputri

doi:10.25123/vej.v4i2.3035

Authors

Theodora Pritadianing Saputri Faculty of Law, Parahyangan Catholic University

DOI:

https://doi.org/10.25123/vej.v4i2.3035

Abstract

It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

Author Biography

Theodora Pritadianing Saputri, Faculty of Law, Parahyangan Catholic University

Author is lecturer in Parahyangan Catholic University. Prior to joining Parahyangan Catholic University, she worked as Associate in one of top tier law firms in Jakarta, Assegaf Hamzah and Partners, for 8 years.

References

Books

A. Semple, A Practical Guide to Public Procurement, Oxford University Press, Oxford (2015).

A. S. Hartkamp et al., Contract Law in the Netherlands, Kluwer Law International, The Netherlands (2011).

S. Arrowsmith and P. Kunzlik, Social and Environmental Policies in EC Procurement Law: New Directives and New Directions, Cambridge University Press, Cambridge (2009).

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Articles

G.M. Racca and R.C. Perin, Material Amendments of Public Contracts During Their Term: From Violations of Competition to Symptoms of Corruption, 8 EPPPL (2013).

G.M. Racca, et al., Competition in the Execution Phase of Public Procurement, 41 Public Contract Law Journal (2011).

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Compilations

G.M. Racca and R.C. Perin, Material changes in contract management as symptoms of corruption: a comparison between EU and U.S. procurement systems, in G.M Racca and C.R. Yukins (Ed.), Integrity and Efficiency in Sustainable Public Contracts Balancing Corruption Concerns in Public Procurement Internationally, Bruxelles (2014).

F. J. Vazquez Matilla, The Modification of Public Contract: an obstacle to transparency and efficiency, in G.M Racca and C.R. Yukins (Ed.), Integrity and Efficiency in Sustainable Public Contracts Balancing Corruption Concerns in Public Procurement Internationally, Bruxelles (2014).