States should ensure transparency in procurement.
- Each State Party shall, in accordance with the fundamental principles of its legal system, take the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision-making, that are effective, inter alia, in preventing corruption. Such systems, which may take into account appropriate threshold values in their application, shall address, inter alia: (a) The public distribution of information relating to procurement procedures and contracts, including information on invitations to tender and relevant or pertinent information on the award of contracts, allowing potential tenderers sufficient time to prepare and submit their tenders; (b) The establishment, in advance, of conditions for participation, including selection and award criteria and tendering rules, and their publication; (c) The use of objective and predetermined criteria for public procurement decisions, in order to facilitate the subsequent verification of the correct application of the rules or procedures; (d) An effective system of domestic review, including an effective system of appeal, to ensure legal recourse and remedies in the event that the rules or procedures established pursuant to this paragraph are not followed; (e) Where appropriate, measures to regulate matters regarding personnel responsible for procurement, such as declaration of interest in particular public procurements, screening procedures and training requirements.
- In order to combat corruption and related offences in the public service, State Parties commit themselves to: (4) Ensure transparency, equity and efficiency in the management tendering and hiring procedures in the public service.
- For the purposes set forth in Article 2 of this Protocol, each State Party undertakes to adopt measures, which will create, maintain and strengthen: (b) systems of Government hiring and procurement of goods and services that ensure the transparency, equity and efficiency of such systems.
- For the purposes set forth in Article II of this Convention, the States Parties agree to consider the applicability of measures within their own institutional systems to create, maintain and strengthen: 5. Systems of government hiring and procurement of goods and services that assure the openness, equity and efficiency of such systems.
- Calls upon States parties to promote the business community's engagement in the prevention of corruption by, inter alia, developing initiatives to promote and implement public procurement reform, working with the business community to address practices that generate vulnerability to corruption and identifying elements of optimal self-regulation in the private sector.
- Calls upon States parties to promote the business community's engagement in the prevention of corruption by, inter alia, developing initiatives to promote and implement, where appropriate, anti-corruption measures within public procurement, consistent with article 9 of the Convention, and by working with the business community to address practices that generate vulnerability to corruption in the private sector.
- Calls upon States parties to put effective processes in place to promote transparency, competition and objective decision-making in public procurement systems, in line with article 9 of the Convention, and to take into consideration the anti-corruption-related recommendations contained in the United Nations Commission on International Trade Law Model Law on Public Procurement.
- While not all aspects of NVT can be directly observed, there are a number of activities that can be observed and which should be open to observers. These include not only the activities of election administrators and vendors in deploying, setting up and modifying the system, but also the activities of certification, testing and audit authorities.
- Another important factor to consider is the overall transparency of the selection process. The criteria used for selecting a particular type of system should be clearly established in advance of selection and made publicly available. This includes not only technical criteria but also purchasing and procurement criteria.