Journal of Anbar University for Law and Political Sciences

Abstract

Freedom of competition means, free access to the tender announced by the administration within the limits prescribed by law, and in this sense is the principle of free competition principles governing public procurement system, but this principle does not tie the hands of management completely, but still has the discretion to enable them to deny some people apply for participation in public tenders for reasons that are punitive or preventive determined both legal provisions or under the authority of traditional management, as well as the right of management to exclude the tender after its submission for failing to satisfy the conditions of the tender or the inefficiency of the front, and the administration should not deviate from the causes and controls of deprivation and exclusion, and only promised in the abusive use of its right