Decree n° 2008-562 dated 4 March 2008, fixing the terms and conditions of the conclusion of the contracts of the supply of goods and services with the expanded enterprises.
The President of the Republic,
On a proposal from the Prime Minister,
Having regard to law n° 89-9 dated 1 February 1989, relating to the participations and public enterprises and notably articles from 18 to article 22, all amending and completing texts and notably law n° 2006-36 dated 12 June 2006,
Having regard to law n° 2005-56 dated 18 July 2005, expanding the economic enterprises,
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 attributions of the Prime Minister,
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° 2004-2551 dated 2 November 2004, decree n° 2006-2167 dated 10 August 2006 and decree n° 2007-1329 dated 4 June 2007,
Having regard to decree n° 2003-1617 dated 16 July 2003, fixing the procedures and methods of grant of a leave for an enterprise establishment,
Having regard the opinion of the Minister of Finance,
Having regard to the administrative court.
Decrees the following:
Article one - The public enterprise having used the expand operation, may directly conclude written contracts for the supply of goods and services with the expanded enterprise, and this, within the limit of 100 thousand dinars inclusive of tax annually and during two years as from the date of its establishment.
The goods and services mentioned above should meet the effective needs of the public enterprise on the quantitative and qualitative levels, and should inscribe its annual program of purchase.
The prices of goods and services to be acquired from the expanded enterprise, should not exceed the cost that the public enterprise had previously supported, unless in exceptional cases which shall be justified and approved by the public enterprise.
The written contracts mentioned in paragraph 1 of the article herein, meticulously define the contractual duties of both parties.
Article 2 - The provisions of article 1 of the decree herein are applied, after authorization from the board of directors and the supervisory board of the public enterprise to increase the amount which does not require a public procurement conclusion for the supply of goods and services which value is superior to 40 thousand dinars inclusive of tax in the sector of computer science and communication technologies and 30 thousand dinars inclusive of tax for the supply of goods and services in the other sectors, and this in accordance with the provisions of article 3 of decree n° 2002-3158 dated 17 December 2002, organizing the public procurements .
Article 3 - In case of establishment of more than one enterprise by the mean of technical expanding, in the same field of activity and during the same period, the public enterprise can annually organize a competition between the concerned enterprises within the limit of 100.000 dinars annually, inclusive of tax.
Article 4 - The Prime Minister and the Ministers and the 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, 4 March 2008.
Zine El Abidine Ben Ali