Office for the Protection of Competition
There is a country where a contracting authority may tailor a contract to suit the predetermined winner and actually award the contract to him. Although it is against the law.
Také big “little” firms for example. Instead of fair competition, the winner is handpicked before the fact, say, by a mafia. Unsuccessful bidders may appeal against such decision to the Office for the Protection of Competition. It is empowered to exclude the winning party and prevent the contracting authority from entering into such contract—or at least delay the signing deed. This would thwart the mafia’s schemes, designed to get hold of public investment money. This office must make a decision within a legally required period of time. If it doesn’t, the contracting authority is free to sign with the winner.
The office will then make its decision known to all and sundry, who timely protested against the spectacle. It would read like this: “It is perfectly possible that the contract was awarded in breach of the law, but since the contract was signed, it is superfluous to examine the legality of this choice, since such examinational would not be materially substantiated…” The country, where this became normal in 2012, is called the Czech Republic.
Since that time, the Office for the Protection of Competition has cited “immateriality” in hundreds of instances, involving contracts with a combined value of
Enough money to make everybody happy—except for taxpayers and wrongly excluded bidders… But everything is perfectly according to the laws of this country. The mafia laughs, and the citizen pays… and maybe he doesn’t even know. Clientelist circles hate resourceful public officials. It is always more difficult to make somebody do something. A tough nut to crack even for Lieutenant Columbo…