An obligation to publish the list of subcontractors should be introduced as well as the prohibition to “play for more than one team”. All crucial subcontractors that supply more than 10 % of total financial amount of the contract should be stated in the bid specifying which part of the contract are they are supposed to carry out. The tenderer should not anyhow participate in the realization of the contract if any other than his/her bid is chosen.
If all key subcontractors which supply more than 10% of the overall amount of the contract were indicated in the public contract bid with the specification which part of the contract they will carry out and if the entity which was the main tenderer would not be allowed to participate in the realisation of the contract should the bid it proposed not win, it would be possible to effectively prevent cartelisation of competitions for public contracts which increase their prices to the detriment of public budget.
Sources:
- Kameník, M., Plhoň, T., Šanc, F.,More than a Public Procurement Act: economy, transparency and accountability in public purchases, Oživení, 2012, p. 25
- Jenny, F., Competition and Anti-Corruption Considerations in Public Procurement. In Fighting Corruption and Promoting Integrity in Public Procurement, OECD, 2005. p. 29
- Vondráček, O., Havrda, M., 21 recipes – Anti-corruption cookbook, Recipe 16: Tools against “tailoring” of public procurement contracts, December 2013
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Justification and sources