One problem faced by the EC is the tendency of member countries to award contracts to their own nationals. The principles will be familiar to anyone versed in our own Competition in Contracting Act. Member states must implement the EC directives, but not every country does so diligently. And there are many problems, according to Bovis. For example, procurement officials ignore or don't know the EC rules.
Some agencies use multiple contracts to avoid monetary thresholds.
There is excessive use of sole-source contracting and restrictive technical specifications. Agencies apply the award criteria unevenly or not at all. Small and midsize companies win few contracts. To foster better compliance, the EC is working to develop an adequate but balanced enforcement mechanism. Disappointed bidders or their governments have the right to object to unlawful conduct.