AMO, what is it?

Historically confined to public works contracts, AMOs have gradually extended their influence to other areas of public procurement, such as water, sanitation, waste, nurseries, but also energy, information systems, telecommunications and catering. Their mission? Ensure legal and operational effectiveness in high-stakes contracts with complex configurations. They support the public buyer through every stage of the tender process, from expressing the need to analyzing bids, including drafting the contract documents and providing assistance during the negotiation phase.

Impartiality at the heart of the AMO’s role

The question of AMOs’ impartiality raises concerns. In our 2024 public procurement survey, one respondent in two expressed reservations about their presence in the tender process, fearing a lack of neutrality. Although these consulting firms do not have final decision-making power, their influence is far from negligible: the recommendations of an expert paid for their opinion weigh heavily in the balance. When conflicts of interest emerge between an AMO and a candidate, case law requires measures to be taken to guarantee the fairness of the procedure. However, this assumes that the public buyer is aware of these potentially problematic ties.

Research the chosen AMO

Transparency is essential to maintaining the integrity of the tender process. Since the contracts linking a public buyer to an AMO are themselves public contracts, it is relatively easy to examine the consultation that led to the choice of the AMO. Identifying the selected firm and studying the references and the profiles of the consultants are key steps to understanding who you are dealing with. This approach is crucial for any potential bidder wanting to navigate the sometimes opaque landscape of public tenders successfully.

The ambivalent position of consulting firms in the tender process raises fundamental questions about their role: are they essential facilitators ensuring the effectiveness and legality of public contracts, or do they represent risks of unfairness and opacity? The answer is complex and largely depends on the ability of public players to maintain constant vigilance over the transparency and fairness of the process. In this context, a thorough knowledge of AMOs and clear, open communication between all stakeholders are key factors in preserving the integrity of tenders.

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