Principles of Competition in Public Law

The American Bar Association has considered a case of great importance and after deliberation, has come to a firm decision. It considers the case to be fully resolved. The American Bar Association asked that any public acquisition at any level of government, whether it be local, territorial or state level, obey the following guidelines of competition when seeking to do construction, perform services, or obtain supplies.

Listed below are the guidelines recommended by the American Bar Association(ABA). Our Coachella Valley public law attorney has summarized the ABA’s guidelines below to help the public understand better.

Principles of Competition in Public Procurements

1. Make sure to employ open competition as much as possible. Transparency is key for fair competition and all competition should only occur within the confines of the law.

2. Allow acquisitions in the absence of competition only in cases that have been outlined by the law. Refer to the local, territorial, and state laws to clarify exactly when acquisition in the absence of competition is allowed.

3. Disallow competition in cases where it is necessary for the satisfaction of the general public and its requirements.

4. Show information in a way that is adequate, clear, and sufficient for the public to understand. This includes clearly displaying the information required for allowing equal access for entry to public acquisition.

5. Be reasonable in the usage of methods in publicizing requirements, and also make sure to provide solicitation documents.

6. Make sure that everyone involved acts in good faith

7. Be aware that following these guidelines is necessary for the continued life and virtue of the system.

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