The Use of Negotiation as an Exceptional Mechanism in Algerian Public Procurement Law

Abstract

X This study examines the negotiation procedure in the award of public contracts as an exceptional mechanism that grants the contracting authority a certain degree of flexibility in concluding its contracts, in contrast to competitive tendering procedures, which strictly bind the administration to open competition among all economic operators. Under the negotiation procedure, the contracting authority is not required to open competition to all operators; however, when resorting to this method, the administration must comply with the cases exhaustively provided for under public procurement legislation, whether relating to direct negotiation or negotiation following consultation. Furthermore, the contracting authority remains subject to certain procedural requirements, even if these are less complex and time-consuming than those governing calls for tenders. The distinguishing feature of this study lies in its comparative approach between the current Law No. 23-12 and the former Presidential Decree No. 15-247, with the aim of identifying the legislative developments introduced in this field.