Exclusion due to corruption and fraud in public procurement: differences and convergence

Abstract

The work examines the tendency to convergence of the different systems of debarment by fraud and corruption in the public procurement field, analysing the European, Spanish and Federal US regulations. In spite of the remaining differences, some common elements can be identified like the denial of sanctioning nature, the affirmation of its preventive character (founded in a prognosis on the reliability) along with the increasing discretion tied to the application of compliance systems.

Keywords:

Public procurement, Debarment, Fraud, Corruption