Decree n° 2008-2472 dated 5 July 2008, relating to the exceptional review of the prices of the public procurements of works.
The President of the Republic,
On a proposal from the Prime Minister,
Having regard to law n° 75-33 dated 14 May 1975, promulgating the organic law of communes, as amended and completed by subsequent texts and notably by organic law n° 2006-48 dated 17 July 2006,
Having regard to law n° 75-35 dated 14 May 1975, relating to the organic law of the local public collectivities budget, all amending and completing texts and notably organic law n° 97-1 dated 22 January 1997 and organic law n° 2007-65 dated 18 December 2007,
Having regard to organic law n° 89-11 dated 4 February 1989, relating to the regional councils, all amending and completing texts and notably organic law n° 2006-2 dated 9 January 2006 approving decree-law n° 2005-1 dated 10 August 2005, relating to the composition of the regional councils,
Having regard to law n° 73-81 dated 31 December 1973, promulgating the public accountancy code, all amending and completing texts, and notably law n° 2006-85 dated 25 December 2006 relating to the finance law 2007,
Having regard to law n° 89-9 dated 1 February 1989, relating to the participations and public enterprises and notably from article 18 to article 22, all amending and completing texts and notably law n° 2006-36 dated 12 June 2006,
Having regard to law n° 2007-69 dated 27 December 2007, relating to the economic initiative,
Having regard to decree n° 69-400 dated 7 November 1969, establishing the Prime Ministry and fixing the Prime Minister attributions,
Having regard to decree n° 2002-3158 dated 17 December 2002, regulating the public procurements, as amended by decree n° 2003-1638 dated 4 August 2003, decree n° 2551-2004 dated 2 November 2004, decree n° 2006-2167 dated 10 August 2006, and decree n° 2007-1329 dated 4 June 2007, and decree n° 2008-561 dated 4 March 2008,
Having regard to the opinion of the Minister of Finance,
Having regard to the opinion of the Administrative Court.
Decrees the following:
Article one – 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.
Article 2 - 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.
Article 3 – 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.
Article 4 - 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 .
Article 5 – 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 ofEquipment, Housing and Territorial Development,
- a representative of the Minister in charge of industry,
- a representative of the Minister in charge of commerce,
- 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.
Article 6 – If the commission referred to in article 5 of the decree herein, 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.
Article 7 – The prime minister, the minister and secretaries of the state, each in his respective capacity, shall implement the decree herein which shall be published in the Official Gazette of the Republic of Tunisia .
Tunis, 5 July 2008.
Zine El Abidine Ben Ali