Financing for the Realization of the Rights to Water and Sanitation 2011, para. 70
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A lack of transparency may also impede accurate measurement of resources when States enter into contracts for service delivery with the private sector, particularly as bidding processes and contracts tend not to be made public. The Special Rapporteur has emphasized the importance of transparency in private sector participation, particularly noting that the final contract and terms of reference must be available for public scrutiny and comment (A/HRC/15/31, para. 36). Private contractors have also sometimes intentionally underbid, artificially lowering costs in order to win contracts and then securing more favourable terms in bilateral renegotiations of contracts, a practice which the Special Rapporteur has highlighted as contrary to human rights requirements.
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Non-negotiated soft law
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Special Rapporteur on the human rights to safe drinking water and sanitation