1.

0 Introduction

A study of the literature review to the implementation of the Public Works Procurement regime
in Malaysia, in comparison with the alike provisions in the European Union, aims to give an
overview of the lesson-learnt and best practices gauged from a developed regions
experience. Hence, the scope of this literature review will be focusing on the understanding
of procurement processes, its procurement principles and the issues identified from its
implementation.

Our main approach in terms of collecting information will mainly be from articles and journals
on Public Works Procurement in Malaysia and Europe, statutory regulations, directives,
government circulars and case laws. In regards to case law, the European Union cases will
be mainly based on European Court of Justice database. We however, have yet to find case
law from Malaysia specifically in Public Work Procurement issues. Hence, we may not be
quoting any local case laws in that respect but will use the European cases as case studies.

These resources are imperative for our studies as it provides us with essential information and
related input that we can refer to. The classification of findings based on literature materials
that has been reviewed herein will be further divided into the following sub points to make it
easier to understand and appreciate the findings:

Jurisprudence - Theory of Law

Jurisprudence is often construed as the science of law which draws a significant link

between the legal reasoning, legal institution and legal system. It determines the

fundamental legal principles and it establishes the basis of every legal rules of law and

theory of law. The theory of law which is related to our research herein is the Natural

Law and Utilitarian Theory of Law. Natural Law which is introduced by Aquinas, is

based on theory of morality, rationality and reasonability. The jurisprudence of Natural

law shows that morality and the laws basic principles are a matter of conformity to

rational nature. 1

1 Coleman, J.L., Himma, K.E., & Shapiro, S. (2004). The Oxford handbook of jurisprudence and philosophy of
law. Oxford: Oxford University Press.

1
 Having said that, the implementation of the existing Public Procurement regime which

consists of the Financial Procedure Act 1957, Government Contracts Act 1949,

Treasury Directives and Circular Letters and Federal Central Contract Circulars, are

all anchored by the logical progression of morality, parallel to the necessity of the

concerned parties. The alarming concern despite having the regulations in the overall

framework is the ineffectiveness of the said regulations in the regime as a whole, to

instill and oversee the degree of accountability of the parties involved in the public

procurement works.

Utilitarian - Theory of Law

With regards to the Utilitarian Theory of Law, it is a type of theory of law in

jurisprudence which recognizes the guarantee of communal utility which is stem from

the type of law that would largely effect the society. In its positive manifestation,

utilitarianism describes a psychological propensity - where people make choices with

2
a view to furthering their own utility. The Public Procurement regime in Malaysia,

despite they are essential and still effective to the targeted groups in the Public

Procurement works, it is totally not effective of insufficient to address the issue on

accountability and transparency in getting the procurement works done accordingly.

2 Medema, Steven G., Sidgwicks Utilitarian Analysis of Law: A Bridge from Bentham to Becker? (July 1, 2004)

2
The framework of our literature review will be based the following main topics as discussed in
the rest of this submission. We consider these topics are important in order to relate the issues
of the research with our objectives. We further consider these topics, in order of its sequence,
will be able to guide the reader in understanding the fundamental of public works procurement
and why such comparison is required to achieve what we termed as lesson learnt and best
practices.

Our main topics are divided into six (6) topics and are discussed in the following paragraphs;
namely from 2.0 to 8.0

2.0 Introduction to Public Procurement

Public procurement is the process by which public authorities procure works, goods or
services from companies3. It is also known as government purchasing. Public procurement is
the buying of goods and services, including consultancies and professional services,
construction, maintenance and material supply contracts, facilities contracts, capital
equipment and property and leasing arrangements on behalf of a public authority, such as a
government agency4. Under public contracts, the authorities remain economically liable for all
works, goods or services procured5. This is a very formal process that is required by law, in
which government agencies issue bid proposals and seek responses from companies.
Responses are accepted until the closing date and the lowest bidder is awarded the contract.6
Achieving 'value for money' is a primary aim of most procurement regimes.7 Open, transparent
and non-discriminatory procurement is generally considered to be the best tool to achieve this
goal as it optimises competition among suppliers.

Public procurement is a powerful driver of development. The system of public procurement -

the expenditure by public authorities and institutions on goods and services - is one of the
most important channels of government spending. Governments spend public monies to
secure inputs and resources to achieve their objectives and by doing so create significant
impact on key stakeholders and wider society8.

3 Grace Xavier, LLM(Mal), LLM (Bond, Australia), Diploma in International Commercial Arbitration
(London) is a Research Fellow, Faculty of Law, University of Malaya.
4 http://www.parlimen.gov.my/images/webuser/artikel/ro/halisah/Transparency%20in%20Public%20Procurement

%20Halisah%20Ashari.pdf
5 http://www.europarl.europa.eu/pdfs/news/expert/background/20140110BKG32432/20140110BKG32432_en.pdf
6 https://www.findrfp.com/Government-Contracting/Government-procurement.aspx
7 https://www.wto.org/english/tratop_e/gproc_e/gproc_e.htm
8 http://www.parlimen.gov.my/images/webuser/artikel/ro/halisah/Transparency%20in%20Public%20Procurement

%20Halisah%20Ashari.pdf

3
3.0 The Scale of Public Works Procurement : An Overview

3.1 Malaysia

The prime objective of the Malaysian Government procurement is to support Government

programmes by obtaining value for money through acquisition of works, supplies and services.
To meet this objective close attention is given to price factors as well as non-price factors such
as whole life cost, quality, quantity, timeliness, maintenance and warranty. The benefits or
value from procurement should commensurate with the costs involved and that the best
procurement is well and thoroughly evaluated, reasoned and justified.9

Malaysia spends more than RM150 billion each year in procuring goods, works and services.10
This is equivalent to almost one-fifth of its nominal GDP.11 This percentage is higher than
most OECD countries that spend about 12% of their GDP on procurement annually.12
In terms of total value of construction work done by the public sectors, it is recorded around
RM10.8 billion respectively in the first quarter 2016.13 Examples are the ongoing Pan Borneo
Highway, the RM6.6 billion 390km Central Spine Road, the RM9 billion Bandar Utama-Klang
Light Rail Transit Line 3 (LRT 3) project and the RM1 billion Bus Rapid Transit (BRT) Kota
Kinabalu to name a few.

It was announced during the 2016 Budget announcement that The Refinery and
Petrochemical Integrated Development (RAPID) project in Pengerang, Johor will continue its
development through 2016 on a RM53 million investment14. There is also the RM55 billion
infrastructure project announced under the 2017 Budget for an East Coast railway connecting
Klang in Selangor, through Kuantan in Pahang, Kuala Terengganu, Kota Bharu and finally
Tumpat in Kelantan15.

9 http://www.treasury.gov.my/pdf/lain-lain/msia_regime.pdf
10 This figure was reached by adding the total federal government expenditure for supplies and services to its
development expenditure and the development expenditures of local government, state government, statutory
bodies, and non-financial public enterprises. NFPEs are included in the calculation because they are wholly
owned by government and therefore all expenditures come from government. The calculation of procurement
expenditure was based on the method adopted by Christopher McCrudden and Stuart G. Gross: see their paper
WTO Government Procurement Rules and the Local Dynamics of Procurement Policies: A Malaysian Case
Study, The European Journal of International Law, Vol. 17, No. 1, 2006, pp. 151-185.
11 As above
12 The calculation of procurement market of OECD may sometimes exclude expenditures of state owned

enterprises, but where available, they are included to better approximate the size of procurement markets.
Available at http://www.oecd-ilibrary.org/sites/gov_glance-2011-en/09/01/index.html;jsessionid=4c3jn1552kldr.x-
oecd-live-02?contentType=/ns/StatisticalPublication,/ns/Chapter&itemId=/content/chapter/ gov_glance-2011-46-
en&containerItemId=/content/serial/22214399&accessItemIds=&mimeType=text/html.
13https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=77&bul_id=NlFxODBsRW5uZ0puRnJyTl

xVzRyQT09&menu_id=OEY5SWtFSVVFVUpmUXEyaHppMVhEdz09
14http://www.cidb.gov.my/images/content/pdf/bidang-utama/Construction-Demand-Projection.pdf
15 As above

4
3.2 European Union

The management of public procurement is a matter of primary public policy importance;

particularly in the context of fiscal consolidation and retrenchment in which most Member
States must now manage public resources. The administration of public procurement is
therefore highly fragmented and complex16.

Public procurement is a major item of expenditure for contracting authorities in the EU. In
2009, contracts governed by EU public procurement rules accounted for 3.6% of EU GDP,
amounting to 420bn. Statistics also provide that 15-20% of global GDP is taken up by public
procurement and this is a substantial portion of the EU economy and the economies of many
countries around the world17

The overall value of the calls for tenders published in the Official Journal of the EU represents
around 19% of the total expenditure on public works, goods and services.18 Accounting for
15-20% of global GDP, public procurement represents a substantial portion of the EU
economy and the economies of many countries around the world. Public procurement
commitments under the World Trade Organizations Agreement on Public Procurement (GPA)
have been estimated at around EUR 1.3 trillion19.

16 https://ec.europa.eu/docsroom/documents/15552/attachments/1/translations/en/.../pdf
17 See Public Procurement, Available at http://ec.europa.eu/growth/single-
market/publicprocurement/index_en.htm.
18http://www.europarl.europa.eu/pdfs/news/expert/background/20140110BKG32432/20140110BKG32432_en.pdf
19 https://ec.europa.eu/growth/single-market/public-procurement_en

5
4.0 The Legal Framework

4.1 Malaysia

The legal framework for public procurement in Malaysia is governed by several statutes and
government instruments namely the Financial Procedure Act 195720, the Government
Contract Act 194921, Treasury Instructions and Treasury Circular letters22 including Federal
Central Contract Circulars2324. These documents are used whenever the government enters
into a procurement exercise25. The Government Procurement Management Division of the
Ministry of Finance (MOF) is responsible for setting all the procurement procedures, both
internally and outside of Malaysia26.

4.2 European Union27

Public procurement is subject to the general, basic freedoms enshrined in the Treaty on the
Functioning of the European Union, as amended by the Lisbon Treaty; that is, free movement
of goods, freedom to provide services, and freedom of establishment within the territories of
the twenty-seven EU Member States28. Public procurement has been regulated by a number
of Directives, which require further implementation by the Member States29.

The EU rules are contained in a series of directives that are updated from time to time.
Member states have to make national legislation (regulations) to implement the EU rules in
domestic law by certain deadlines.30

20 provides for the control and management of the public finances of Malaysia and outlines financial and
accounting procedures. It includes procedures for the collection, custody and payment of the public monies of
Malaysia and of the States, and also the purchase, custody and disposal of public property and related matters.
21 empowers the respective Ministers in the respective ministries to enter into contracts and also empowers the

respective ministers to delegate powers to Government Officers to enter into contracts on behalf of the
Government.
22 issued from time to time to inform, clarify, implement, improve and amend certain policies, rules and

procedures whenever required by the Government and financial authorities.

23 issued to inform the users on the availability of common user items which are centrally purchased. The Central

Contract Circulars normally contain details such as items, name of suppliers, areas of supply and time of
delivery. Apart from procurement principles and objectives, most often the Central Contracts objectives are to
promote local products and develop vendors.
24 https://www.mier.org.my/newsarticles/archives/pdf/nambiar28_2_2005.pdf
25 Country Reports, ADB Report, ADB/OECD Anti-Corruption Initiative for Asia and the Pacific
26 https://www.mier.org.my/newsarticles/archives/pdf/nambiar28_2_2005.pdf
27 The Rome Treaty (http://ec.europa.eu/archives/emu_history/documents/treaties/rometreaty2.pdf)
28 https://www.loc.gov/law/help/govt-procurement-law/eu.php
29 https://www.loc.gov/law/help/govt-procurement-law/eu.php
30 https://www.gov.uk/guidance/public-sector-procurement-policy

6
By 18 April 2016, EU countries had to transpose the following three directives into national
law31:

Directive 2014/24/EU on public procurement

Directive 2014/25/EU on procurement by entities operating in the water, energy,
transport and postal services sectors
Directive 2014/23/EU on the award of concession contracts

The EU Directives set out the procedures which all Public Sectors authorities, such as central
and local government, police, universities, etc. must follow when conducting procurement
above the relevant threshold. This legal framework is designed to ensure that contracts are
awarded transparently, without discrimination on grounds of nationality, and that all potential
bidders are treated equally. The legal framework includes the obligations under the TFEU32,
the Directives and case law of the EU and domestic courts33.

5.0 The Public Works Procurement Method

5.1 Malaysia

The public works procurement method in Malaysia can be divided into three systems, which
are direct purchase, tender (open tender and close tender/quotation) and direct negotiation34.

In direct purchase route, if the value of works is up to the value of RM20,00035 it may be done
through the issue of a Works Indent to a contractor who is registered with the Contractors
Services Centre (PKK) and Construction Industry Development Board (CIDB) Malaysia.

Procurement of works, supplies and services above the value of RM500,00036 must be done
through tender processes. All contractors intending to participate in local tenders must be
registered with the Government. International tenders will be invited for supplies and services
if there are no locally produced supplies or services available.

31 https://ec.europa.eu/growth/single-market/public-procurement/rules-implementation_en
32 Treaty on the Functioning of the European Union (http://eur-lex.europa.eu/legal
content/EN/TXT/?uri=celex%3A12012E%2FTXT)
33 https://www.achilles.com/images/locale/en-EN/buyer/pdf/Achilles-EU-Brief-Guide-to-Public-Sector.pdf
34 Wee Shu Hui, Radiah Othman, Normah Hj Omar, Rashidah Abdul Rahman, Nurul Husna Haron, (2011)

"Procurement issues in Malaysia", International Journal of Public Sector Management, Vol. 24 Issue: 6, pp.567-
593, https://doi.org/10.1108/09513551111163666
35 www.treasury.gov.my/pdf/lain-lain/msia_regime.pdf
36 As above

7
Procurement of works above the value of RM20,000 and up to RM500,000 is done through
calling of quotations and the minimum number of quotations to be invited is five. All contractors
wishing to take part in quotations must be registered with the PKK and CIDB37.

5.2 European Union

The public works procurement method in the European Union can be divided into five systems;
namely:38

Open procedure
In an open procedure, any business may submit a tender. The minimum time limit for
submission of tenders is 35 days from the publication date of the contract notice. If a
prior information notice was published, this time limit can be reduced to 15 days.

Restricted procedure
Any business may ask to participate in a restricted procedure, but only those who
are pre-selected will be invited to submit a tender.
The time limit to request participation is 37 days from the publication of the contract
notice. The public authority then selects at least 5 candidates with the required
capabilities, who then have 40 days to submit a tender from the date when the
invitation was sent. This time limit can be reduced to 36 days, if a prior information
notice has been published.

Negotiated procedure
In a negotiated procedure, the public authority invites at least 3 businesses with whom
it will negotiate the terms of the contract. Most contracting authorities can use this
procedure only in a limited number of cases, for example for supplies intended
exclusively for research or testing purposes. The contracting authorities in sectors
such as water, energy, transport or postal services may use it as a standard procedure.
The time limit to receive requests to participate is 37 days from the publication of the
contract notice. This can be reduced to 15 days in extremely urgent cases, or 10 days
if the notice is sent electronically.

37 www.treasury.gov.my/pdf/lain-lain/msia_regime.pdf
38 http://europa.eu/youreurope/business/public-tenders/rules-procedures/index_en.htm

8
 Competitive dialogue
This procedure is often used for complex contracts such as large infrastructure
projects where the public authority cannot define the technical specifications at the
start. After the publication of the contract notice, interested businesses have 37 days to
request participation. The public authority must invite at least 3 candidates to a
dialogue in which the final technical, legal and economic aspects are defined. After this
dialogue candidates submit their final tenders.

Electronic auctions
Public authorities can also award contracts by electronic auction. Before starting the
auction, they must make a full initial evaluation of the tenders and only allow the
admissible ones to take part. The invitation to participate in the auction must state
the date and time of the auction and the number of bidding rounds. It should also set
out the formula that will determine the automatic rankings. In each bidding round you
must be able to see your ranking compared to your competitors, without knowing their
identity.

6.0 The Public Works Procurement Principles

6.1 Malaysia

In general Malaysia Public Works Procurement is essentially based on the following

principles39:

Public Accountability
Procurement should obviously reflect public accountability entrusted with the
Government. Accountability is a standard of public life, where holders of public office
are accountable for their decisions and actions to the public and must submit
themselves to whatever scrutiny is appropriate to their offices40

Transparency
All procurement regulations, conditions, procedures and processes need to be clear
and transparent to facilitate better understanding among suppliers and contractors.

39 https://www.mier.org.my/newsarticles/archives/pdf/nambiar28_2_2005.pdf
40 Armstrong, E.(2005). Integrity, Transparency and Accountability in Public Administration: Recent Trends,
Regional and International Developments and Emerging issues.[Online]. Available at www.googlescholar.

9
 Transparency in public procurement takes form in a variety of practices, such as
publishing procurement policies; advance publication of procurement plans;
advertisement of tender notices; disclosure of evaluation criteria in solicitation
documents; publication of contract awards and prices paid; establishing appropriate
and timely complaint/ protest/dispute mechanisms; implementing financial and conflict
of interest disclosure requirements for public procurement officials; and publishing
supplier sanction lists41.

Value for Money

Government procurement should yield the best returns for every Malaysian Ringgit
spent in terms of quality, quantity, timeliness, price and source. Open and Fair
Competition Processes involving Government procurement should offer fair and
equitable opportunities to all those participating or competing in any procurement.

Fair Dealing
All acceptable bids will be processed fairly based on current rules, policies and
procedures.

7.2 European Union

Public procurement contracts have to be awarded based on the procedures laid down in EU
legislation and transposed into Member States national law, and in accordance with the
following basic principles; equal treatment, non-discrimination, proportionality and
transparency.

Article 18(1) Directive 2014/24/EU42 establishes the following principles as the fundamental
basis on which all procurement rules are implemented; i.e. contracting authorities shall treat
economic operators equally and without discrimination and shall act in a transparent and
proportionate manner.

41http://www.parlimen.gov.my/images/webuser/artikel/ro/halisah/Transparency%20in%20Public%20Procurement

%20Halisah%20Ashari.pdf
42Directive 2014/24/EU of the European Parliament and of the Council on public procurement and repealing
Directive 2004/18/EC OJ L94/65; The general principles of procurement are inherited by the provisions of
European Parliament and Council Directive 2004/18/EC on procedures in public works contracts, public supply
contracts and public service contracts, OJ L 134, 30.4.2004 and slightly amended. These principles comply
with the principles of the Treaty on the Functioning of the European Union (TFEU) and in particular the free
movement of goods, freedom of establishment and the freedom to provide services, as well as the principles
deriving therefrom equal treatment, non-discrimination, mutual recognition, proportionality and transparency.

10
 Transparency
Transparency requires the selection and award processes are based on known
criteria.43 This means that all known criteria weightings and subweightings should be
notified to potential tenderers and only elaborated upon during the evaluation process
in a manner that does not materially change the advice and information given to the
potential tenderers on how the selection is to be made.

Such requirements allow operators to be aware of the existence and scope of the
award criteria, and thereby to have equality of opportunity in preparing their tenders. It
also provides a transparent process.

Equal Treatment
In the procurement context, the aim was to eliminate discrimination against bidders
from other Member States44. Under the public procurement rules, the principle of equal
treatment has been defined45 as the equal treatment principle requires that
comparable situations are not treated differently and that different situations are not
treated similarly unless such a difference or similarity in treatment can be justified
objectively. The principle requires that all the tenders comply with them so as to
ensure an objective comparison of the tenders46

Proportionality
It is defined as one of the general principles of [EU] law which requires that measures
implemented through [EU] provisions should be appropriate for attaining the objective
pursued and must not go beyond what is necessary to achieve it.47 Determination of
whether the principle of proportionality has been complied with in a given instance
requires a two-step enquiry; namely: (1) whether the measure at issue is appropriate
for attaining the objective pursued and (2) whether the measure at issue goes beyond
what is necessary to achieve the objective.

43 For discussion of these phases of the procurement process, see respectively ClientEarth, Legal Briefing,
Briefing No. 6: Selection Criteria (September 2011) and ClientEarth, Legal Briefing, Briefing No. 7: Award
Criteria (September 2011) accessible at www.clientearth.org/sustainable-public-procurement-briefings
44 Articles 2 and 21 of the Treaty on the European Union.
45 Case C-21/03 and C-34/03, Fabricom v Belgium [2005] ECR I-1559
46 Brundtland Report 1987, p40.
47 Case No. C-491/01, The Queen v Secretary of State for Health, ex parte British American Tobacco

(Investments) Ltd and Imperial Tobacco Ltd [2002] ECR (British American Tobacco) at paragraph 122; see
also cases cited therein.

11
8.0 Challenges and Issues

8.1 Malaysia

Public procurement is the biggest spender in a developing economy. The very nature of
procurement and the use of public funds in government procurement involves decision taking.
Such decision taking would naturally be influenced by discretion. And discretion in turn may
be influenced by biasness. Such would then open the door to risk of corruption.48 The creation,
dissemination, implementation, and enforcement of codes of conduct for procurement
personnel can contribute to preventing corruption. There is no code of conduct in Malaysia
that specifically targets procurement personnel49.

Adequate sanctions are equally important in preventing corruption in procurement. Particular

challenges also remain in the regulation of sanctions for corruption, a popular mechanism to
deter corruption. The preconditions for the application of sanctions are not regulated diligently
enough.

According to Jones50 the major obstacle in achieving effective public procurement in most
countries in Southeast Asia is legislative inertia. Countries like Malaysia have various
fragmented instruments governing public procurement, but such instruments are far from
efficient as instead of creating greater transparency in the procurement process, it only serves
to cause inconsistency and thus leading to lack of accountability in procurement procedures.

The Auditor General conducts external audits of procurement procedures and may order
corrective actions. The reports of the Auditor General are published and presented annually
to Parliament. However, the records are generally accessible only to authorized procurement
personnel.

48 Grace Xavier, LLM(Mal), LLM (Bond, Australia),Diploma in International Commercial Arbitration (London) is a
Research Fellow, Faculty of Law, University of Malaya. Her teaching and research interests are in Property Law,
Construction Law, Law of Arbitration and Regulation of Public Procurement
49 https://www.oecd.org/site/adboecdanti-corruptioninitiative/37575976.pdf
50 David S Jones, Public Procurement in Southeast Asia: Challenge and Reform, Journal of Public

Procurement, Vol. 7, Issue 1, pp. 3-33. Available at

http://unpcdc.org/media/6112/public%20procurement%20in%2 0southeast%20asia%20
%20challenge%20and%20reform.pdf

12
8.2 European Union

In the Public Spend Matters Europe51 the author has listed out six challenges to public
procurement regulation. He states the challenges as those with regard to difficulty in the
implementation of new directives; austerity; social issues; value and innovation matters; the
fight against corruption and capability and competence.

Between 2007 and 2013, 349 billion were earmarked for spending in the area of regional
policy through the European Regional Development Fund, the Cohesion Fund and the
European Social Fund. A significant part of this money is spent through public procurement.
Errors relating to public procurement were detected in around 40 % of projects in which public
procurement was audited in the course of the Court of Auditors' Annual Reports for the years
2009 to 2013. Serious errors resulted in a lack of fair competition and contracts being awarded
to those who were not the best bidders52.

Competition among bidders for public contracts is one of the main ways of achieving the final
aim of public procurement policy i.e. best value for money. Between 2006 and 2016, the
number of tenders with only one bid has grown from 14% to 29%. This shows that the
competitive process is either not present or it is losing intensity; overall, companies have more
difficulties accessing procurement markets53.

Transparent public procurement markets have a high level of openness and a potential for
high competition which means the companies that win the bids are those with the best product,
at the best price targeted at achieving the best outcome. A key element indicating the degree
of transparency is the type of procedures used. When open procedures are used, high
transparency and competition are more likely. By contrast, when a negotiated-procedure-
without-publication (NOC) is used, levels of transparency and competition are likely to be
much lower.54

51 Available at http://public.spendmatters.eu/2015/01/22/2015- challenges-for-public-procurement-austerity/

52 https://www.eca.europa.eu/en/Pages/NewsItem.aspx?nid=6021
53 https://ec.europa.eu/info/sites/info/files/european-semester_thematic-factsheet_public-procurement_en.pdf
54 as above

13
9.0 Conclusions

An effective procurement system would therefore ensure as little leakage from the system as
possible. The government procurement system is part of this conversion process, from the
collection of funds to the successful implementation of projects. Hence, the procurement
system is always under the intense scrutiny of different stakeholders. Issues of accountability,
transparency, corruption, integrity and cronyism are concerns raised by the public to ensure
that public funds are properly managed and wastage of the public funds kept to a minimum.

By using the European Union as benchmarked, we consider that, being a developed region
that has a much larger capacity, volume and complexity in terms of public works procurement
market, the study will be able to extract the essence of lesson learnt and best practices
that our national system may consider. Also by identifying and reviewing the European case
laws in detail, we will be able to grasp the potential legal issues deriving from the
implementation of the public works procurement system (which unfortunately we do not have
the local case law to refer to), and pre-amp potential solutions in that context. Hence,
amplifying our reasoning to have a lesson learnt approach.

14