par Mokdad, Moslem
Président du jury Devos, Rika
Promoteur Bouillard, Philippe
Publication Non publié, 2025-06-12
Thèse de doctorat
Résumé : Public procurement refers to the process by which public bodies, such as central governmentor local authorities, procure the resources needed to pursue their institutional goals. Generalgovernment procurement constitutes a considerable percentage of the gross domestic product(GDP) as presented by the Organization for Economic Co-operation and Development(OECD) on its website statistics.The present research analyzes the public procurement of construction projects and has beeninspired by the report entitled ''Civil infrastructure public procurement in Europe: acomparative survey in Belgium, France, Germany, The Netherlands and The UnitedKingdom'' (Bouillard et al., 2016) prepared by BATir - Ecole Polytechnique de Bruxelles -ULB, for the "Belgian Major Construction Contractors Association" (ADEB-VBA).When analyzing the public procurement procedures, the manuscript clearly shows that there isan urgent need for a paradigm shift moving away from contracts awarded by the "lowestprice"only where much evidence has been gathered about its inefficiency. Furthermore, thelatest European directives administrating public procurement recommend awarding thecontracts to the “Most Economically Advantageous Tender” MEAT instead of "lowest-price".The first aim of this research is to conduct a thorough literature review and critical analysis ofthe different aspects of the public procurement of construction projects and its varioustechniques, application, pros and cons at the international level and to present a comparisonbetween the procedures in Europe and Lebanon in which we noticed a similarity betweenBelgium and Lebanon, precisely the wide use of the "lowest-price".The second objective of this research is to investigate the situation of public procurement inLebanon, which has been operating under an outdated public procurement law dating back to1960, showing numerous deficiencies. With the introduction of a new modern publicprocurement law in 2021, questions arise about the ability and the requirements of the publicprocurement process to adapt to these changes and implement new modern techniques.The key research questions of the present thesis are to examine and identify what the benefitswould be, and what are the obstacles and means to implement the MEAT in the publicprocurement of construction projects in Belgium and Lebanon? The main applied researchmethodology consists of a questionnaire that has been prepared and addressed to the variousstakeholders, like the governmental procuring bodies, the consulting engineers, thecontractors, associations, institutes, etc. A case study on the reconstruction of the port ofBeirut after the explosion that happened in August 2020 has been addressed with somerecommendations for its tendering procedures towards modern procurement andsustainability.M. MOKDAD Page 4 of 165Chapter I presents an overview of public procurement, some of the different internationalpractices, and the main general concerns and issues in this domain. It presents as well thesituation of public procurement in Belgium where statistics done during the year after theissuing of the new regulations in Belgium showed that the practice was still mostly adoptingthe "lowest-price" which leads to the need of further research to examine the challenges andmeans for the development of new public procurement techniques like MEAT in Belgium.Chapter II discusses the current situation of public procurement in Lebanon, laws, regulations,practices, and major issues faced in this sector. It examines the outdated nature of Lebanon'sprocurement framework and the recent efforts to reform it through new legislation aimed atimproving transparency and efficiency. This chapter addresses key topics such as corruption,weak enforcement, and institutional capacity, with comparison to public procurementpractices in Europe, where there are generally advanced regulations and better compliance.Chapter III is dedicated to analyzing the development of the MEAT in the public procurementof construction projects in Lebanon, including statistics, identification of the expectedbenefits, potential obstacles, and the means for such a development. Some major procurementbodies in Lebanon are being presented, contacted and analyzed within this chapter, on top ofthem is the Central Inspection - Tender Management, the Institut des Finances Basil Fuleihan(IOF), the Ministry of Public Works, the Council for Development and Reconstruction(CDR), the Order of Engineers and Architects in Beirut (OEA), and others.Chapter Ⅳ presents the conclusions and recommendations of the questionnaire entitled"Public Procurement of Construction Projects in Lebanon Towards Sustainability" as follows: Expected benefits of implementing modern techniques such as MEAT: Improvedproject quality, Greater sustainability, and Reduced risks. Potential obstacles of implementing modern techniques such as MEAT: Availability ofqualified personnel, Risk of exceeding project budgets, and Fear of change. Proposed means to develop modern techniques such as MEAT: Training for publicbuyer bodies, Develop the laws and procedures, Provide benefits and support to publicbuyers using modern procurement techniques Recommended main criteria for sustainability for the construction projects: Use ofrenewable energy, Reducing pollution, and Natural raw materials.As for the Case Study of the reconstruction of the Port of Beirut, based on the questionnaireanswers and analysis, the author recommends dividing this complex project into packages andapplying a mix modern tendering techniques like MEAT that could be coupled with PPP withthe following main sustainability criteria: Protection of marine coastal ecology, Effectivewaste management, and Energy saving.Chapter V of this thesis synthesizes the key conclusions of this research and suggests futureresearch for the public procurement practice in both Belgium and Lebanon.

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