Private tenders: flexibility and discretion

Private tenders are launched by entities or companies operating in the private sector. Unlike public contracting authorities, private companies are not bound by the same obligations of transparency and fairness in selecting their suppliers or service providers. They can choose to renew their contracts with the same suppliers for long periods, even if other, more competitive offers exist.

However, large companies, particularly those listed on the stock market or operating in regulated sectors, increasingly adopt the principles of tendering to ensure compliance and good governance. In doing so, they aim to:

• Optimize costs by encouraging competition between suppliers.
• Ensure quality and innovation by selecting the best offers.
• Strengthen transparency and integrity in purchasing procedures to prevent the risks of corruption and conflicts of interest.

Public tenders: transparency and fairness

Public tenders are initiated by entities funded by public money, such as the State, local authorities and public institutions. These entities, known as contracting authorities, are subject to a strict regulatory framework aimed at ensuring efficient and transparent management of public funds. The main objectives of this regulation are to:

• Guarantee fair competition between companies wishing to supply goods or services to the public sector.
• Prevent corruption and favoritism, for example by avoiding a public contract being awarded to a specific company without justification on the basis of personal relationships.
• Optimize the use of public money by ensuring that contracts are awarded to the most advantageous offer, in terms of both cost and quality.

The public tender procedure is governed by principles of transparency, equal treatment of candidates and non-discrimination. Contracting authorities are required to publish tender notices, evaluate offers according to objective criteria and justify their award decisions.

Toward a convergence of practices?

Although private and public tenders differ in their legal obligations and objectives, a trend toward convergence is emerging, particularly in the context of globalization and the growing demand for corporate social responsibility. Private and public entities increasingly seek to adopt responsible, transparent and ethical purchasing practices, reflecting an awareness of the importance of good governance and sustainable development.