Under 2014/24/EU Directive, a public contract is defined as a contract for pecuniary interest concluded in writing between one or more economic operators and one ore more CAs, having as their object the execution of works, the supply of products or the provision of services.
The purpose of public procurement principles is to assure that efficiency and transparency, as well as proportionality, are pursued during all procurement process and public resources spending.
At the same time, CAs must ensure fair competition between market participants.
In JCBPP, CAs must comply with public procurement principles and may not take any positive discrimination attitude towards suppliers coming from their Member States.
Principle of equal treatment determines that CAs must behave equally towards all tenderers during all public procurement procedure, and may not act, directly or indirectly, knowingly or unknowingly in favour or disadvantage for one or more tenderers.
The principle of non-discrimination means that CAs are prohibited of favouring, for example, (i) certain types of solution in the technical specifications, or (ii) discriminate based on territorial jurisdiction of candidates/tenderers/manufacturers, as well as prohibits (iii) favouring specific candidates/tenderers by setting conditions of participation, criteria to evaluate tenders, delivery times, etc.
The principle of transparency.
Principle of proportionality determines that CAs must act and decide in an adequate and not excessive manner to attain the objectives pursued.