It’s been 17 years since the democratic system that ruled Iraq after the fall of the dictatorship. These 17 years have been marked by glitches and mistakes at all levels. One of the most distinctive features in the democratic systems is that they have flexibility towards reforms, which make them adaptable to the circumstances of different States and cultures. This encourages us to demand that the mistakes that have been and continue to be suffered by the democratic system in Iraq be corrected. At the political, social, and administrative levels, I have focused my efforts on studying the legal regime for public contracting in Iraqi State institutions. This system is an output of democracy and many mistakes have been recorded over the past years, I am also encouraged to study this aspect; It is a key pillar in the fight against the administrative and financial corruption of the Iraqi State.
The general contracting system in Iraq has suffered from confusion and chaos over the past years, despite the easy regulation of the system at the legal and institutional levels. The legislative system is based on the defunct Coalition Authority Order No. 87 of 2004, which is composed of 16 articles regulating the contracting mechanism in Iraqi State institutions following the standards of transparency, equality, fairness, and declared competition and other foundations and principles of global free trade. This legislation is designed to establish contract services in public sector enterprises and public companies, It was then given the responsibility to award, sign, enter into or amend contracts, under the supervision of a department created by this legislation, the Department (Government Contracts) of the Ministry of Planning, which issued instructions concerning government contracts No. 1 of 2008 and No. 2 of 2014, but the contractual system nevertheless still suffers from fragmentation, confusion, and chaos.
