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Procurements commissions

The procurements commissions

I- Attributions

The procurements commissions examine the regularity of the procedures of resort to the competition, the grant of the procurements, the sincerity and the transparency in the procedures of the contracting of the procurements and it ensures the acceptable nature of the administrative, financial and technical conditions and this, in the light of the general data of the project which the components are performed within the framework of the procurements which are submitted to it and notably the advisability studies, the estimated costs, the financing methods, the performance stages and any other helpful data.

Are submitted to the prior opinion of the procurements commissions:

Before the call to the competition:

  • The drafts of the specifications of the files of its competence and related to the opened invitations to tenders, to the invitations to tenders with competition and to the consultations.
  • The composition of the jury and the commissions of examination in accordance with articles 34 and 71 of the decree herein for the files of the competence of the procurements higher commission.
  • The books of the references terms as well as the pre-selection reports related to the invitations to tenders proceeded by pre-selection.

After examination of the tenders:

  • The reports of the examination and the reports of the competition jury.
  • The drafts of the procurements contracts in case of resort to the contracting of a procurement by direct agreement preceded by a consultation or in case of insertion of any amendment even partial of one or several clauses of the procurement draft which the examination report has been submitted beforehand to the examination of the commission.

During and after the performance of the procurement:

  • The drafts of the addendum related to the procurements of its competence unless the procurement amount including the addendums exceeds the threshold of its competence.
  • The drafts of final settlements of the procurements of its competence enclosed with a detailed report signed by the public purchaser dealing with the evaluation of the conditions of performance of the services notably the analysis and evaluation of the eventual gaps between the initial estimations and the final tally. The drafts of final settlements shall be enclosed with all documents and proofs concerning the achievement of the procurements and the determination of its final amount.
  • Any problem or litigation relating to the drawing up, contracting, performance and settlement of the procurements of its competence.
  • The estimated assessments of works under State control. 

The competence of the procurements commissions is determined taking into account the amounts as mentioned in articles 98 and 99 of the decree herein and without prejudice of the particular provisions provided for by articles 104 to 109 of the decree herein.

II. Procurements commissions:

the following procurement commissions shall be set up: 

  • the higher commission for procurements established to the Prime Minister.
  • a departmental procurement commission in each Ministry,
  • a regional procurement commission in each governorate,
  • a communal commission shall be set up in each municipality
  • an internal procurement commission in each public enterprise.