Special commission for the consideration of the requests of the exceptional review of the prices of the public procurements
The holders of the public procurements of works who suffered from loss due to the abnormal increase in the prices of the basic raw materials may get exceptionally the review of the contractual prices of the concerned procurements, according to the conditions and procedures stipulated in the decree herein.
The exceptional review referred to in the previous article deals with the public procurements with definite or reviewable prices which :
the deadline of performance is equal or exceeds 6 months,
the works having been performed totally or partially during a period extending from 1st January 2006 and 31 December 2008 provided that the extending after the 1st January 2006 is not due to a delay caused by the holder of the procurement .
This exceptional review deals with the following basic raw materials: iron, cooper, the by-product of oil: bitumen and conducts.
The holders of the public procurements shall present a request for the purpose to the concerned public purchaser within a deadline which shall not exceed 31 January 2009.
This request shall precise for each procurement the amount of loss due exclusively to the exceptional increase in the prices of the basic raw materials referred to in article 2 of the decree herein, and shall be matched with all documents and proofs.
The public purchaser shall examine each request and establish a report to be submitted to a special commission as referred to in article 5 of the decree herein, with 30 days as from the date of the presentation of the request.
This report shall include the opinion of the public purchaser concerning the requests of the holder of the procurement and his proposals .
A special commission for the consideration of the requests of the exceptional review of the prices of the public procurements is instituted at the Prime Minister.
This commission is chaired by a representative of the Prime Minister, and composed of the following members:
a representative of the Minister in charge of Finance,
a representative of the Minister in charge of Equipment, Housing and Territorial Development,
a representative of the Minister in charge of Industry,
a representative of the Minister in charge of Trade,
a representative of the Governor of the Central Bank of Tunisia,
a representative of the Minister in charge of the supervisory ministry for the public establishments having no administrative nature and public enterprises when this ministry is not represented,
a member from the court of auditors,
a member from the administrative court.
The members of this commission and its secretary are appointed by an order of the prime minister.
This commission meets with the presence of the majority of its members, and issues its opinion on the proposal of the public purchaser at the majority of votes of the members present, within one month as from the date when the commission takes over the file.
If the commission approves the review of the contractual prices of the procurements, the public purchaser shall establish a project of annex according to the opinion of the commission and submit it to the holder of the procurement for signature, without submitting it to the opinion of the competent commission for procurement providing that the file of its definitive settlement mentions the information relating to the contractual prices of the procurement.