State should use only its own standardized contract type to prevent the situation when the contract terms and conditions are prepared by the winning candidates. Specifics of individual contract should be stated in appendices of such contracts.
If for public contracts the state used its own standardised type contracts, it would not happen that the terms and conditions were prepared by the winning tenderers who usually prepare them in a way which is not beneficial to the state.
Sources:
- Kameník, M., Plhoň, T., Šanc, F.,More than a Public Procurement Act: economy, transparency and accountability in public purchases, Oživení, 2012, p. 9, 24,43, 44 and 59
- Institute for International Relations, Ministry of foreign affairs of the Czech Republic: Project cycle manual for foreign development cooperation of the Czech Republic, 2006, p. 22 and 66
- 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