Enhancing the Effectiveness of the Public Procurement System of Iraq Through Reforming the Bid Protest Processes

This dissertation addresses the legal framework of the bid protest system in Iraq, which is designed to check illegalities and irregularities in awarding public contracts by contracting agencies. Several regional and international agreements emphasize the significance of bid protest processes for member states. However, the mere existence of bid protest forums is not sufficient to ensure their effectiveness. The vast majority of developing countries have bid protest mechanisms, but this does not mean that they are functioning as necessary. This work begins by assessing the theoretical controversies surrounding the issue of what works best, more discretion or more oversight, in public administration and legal jurisprudence. In addition, the procedural rules of bid protests in Iraq are examined. Since availability of effective remedies is a prerequisite for a functioning bid protest system, remedies available to unsatisfied bidders under the Iraqi laws and regulations are also examined. Other forms of monetary compensation available to protesters are also addressed. Cooperation between anticorruption agencies and bid protest mechanisms is also considered. This dissertation concludes that the bid protest system in Iraq does not effectively scrutinize the processes of awarding public contracts that require more transparency. Bid protest processes should be improved by amending the laws and regulations involved. Such amendments should be conducted in light of the principles of transparency and accountability by facilitating access to bid protest mechanisms and expanding the rights of those challenging procurement activities