Adding an Overseas Trip at the Contractor's Expense to the Tender Documents

08 December 2023

Contracting authorities using public resources are able to include, in the tender documents they prepare for the works they will carry out, provisions to the effect that the contractor will bear the costs of an overseas trip. Such a situation may be construed as the expenditure of public resources for personal benefit. It also becomes impossible for the authority's personnel to take decisions in the interests of the State vis-à-vis the contractor financing the overseas trip. Yet our legislation provides for travel allowances and appropriations allocated to public officials for duties outside the city or abroad.