Decree n° 2008-3505 dated 21 November 2008, amending decree n° 2002-3158 dated 17 December 2002, governing the public procurements
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 the communes, all amending and completing texts and notably organic law n° 2008-57 dated 4 August 2008, 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 the 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, Having regard to law n° 89-9 dated 1 February 1989, relating to the participations and public enterprises and notably articles 18 to 22, all amending and completing texts and notably law n° 2006-36 dated 12 June 2006, Having regard to law n° 91-64 dated 29 July 1991, relating to the competition and prices, all amending and completing texts , notably law n° 2005-60 dated 18 July 2005, 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, governing 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, decree n° 2007-1329 dated 4 June 2007, decree n° 2008-561 dated 4 March 2008 and decree n° 2008-2471 dated 5 July 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 provisions of second paragraph of article 117 ter of decree n° 2002-3158 dated 17 December 2002, governing public procurements, shall be repealed and replaced by the following:
Article 117 ter (second paragraph new) - Shall be obligatorily assigned an advance of 20% of the amount of the procurement payable in dinars to small and medium-sized enterprises and handicraftsmen. The obligatory advances may not be cumulated.
Without prejudice to the definition mentioned in article 19 bis of the decree herein, shall be considered a small and medium-sized enterprise within the meaning of this article, the enterprise in activity and the recently constituted enterprise in the following conditions:
for the procurements of building and public works: the enterprise having the approval in he categories 1 to 4 in accordance with the regulation in force,
for the procurements of goods and services provision: the enterprise in activity which annual turnover does not exceed 1 million dinars and the recently constituted enterprise which investment cost does not exceed 500 thousand dinars,
for the procurements of studies: the enterprise in activity which annual turnover does not exceed 300 thousand dinars and the recently constituted enterprise which investment cost does not exceed 150 thousand dinars.
Article 2 - The Prime Minister, the Ministers and secretaries of state, each in his respective capacity, shall implement the decree herein which shall be published in the Official Gazette of the Republic of Tunisia.
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