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Public Intervening parties   Intervening parties Committee of follow-up and investigation

  Intervening parties  

Committee of follow-up and investigation


Committee of follow-up and investigation
Attributions
It is established by the Prime Minister, a committee of follow-up and investigation. This committee is charged of the following:
  • Following-up the respect of the basic principles ruling the grant of the procurements and notably the equality of the candidates before the public order, the transparency of the procedures, the resort to the competition and to the publicity
  • The committee may examine the data related to the performance of the procurements which are likely to change the elements which have been taken into account during the grant of the procurement.
  • Investigating into the procurements including the addendums and the files of final settlements, mainly on the basis of the data collected by the public procurements observatory established by article 150 of the decree.
  • The committee of follow-up and investigation is also charged of examining:
  • The requests emanating from every person concerned with the grant of the public procurements and the respect of the related procedures.
  • The addendums to the procurements which are likely to produce increase of the global amount of the procurement of more than fifty percent (50%) apart from the increases due to the revision of the prices or, if need be, to the change of the value of the currency and this notwithstanding the global amount of the procurement.
  • A pattern of concluded procurements representing at least ten percent (10%) of the number of  files examined by the departmental commissions, the regional commissions, the public enterprises commissions and the public establishments commissions established by special texts as well as any file that the committee considers proper to examine whatever the reason is.
  • The public purchaser shall, upon a request from the president of the committee, produce all the documents related to the files subject of revision, follow-up and investigation.
Composition
The committee of follow-up and investigation is composed as follows:
  • A representative of the Prime Minister: president
  • A member of the Court of Auditors: member
  • A representative of the General Control of the Public  Departments: member
  • A representative of the General Control of Finance: member.
The members of this committee are appointed by order of the Prime Minister on a proposal from the concerned Ministers and from the First President of the Court of Auditors.
The order of the Prime Minister appoints the secretariat of the committee of follow-up and investigation. The secretariat provides the reception, the examination of the files and the organization of the works of the aforesaid committee.
 
The nature of the committee of follow-up and investigation opinion
When the request concerning the regularity of grant of the procurement are proved to be founded, the committee shall inform the Prime Minister, the presidents of the concerned public institutions, the supervisory Ministries and the relevant procurements commission.
The opinion of the committee of follow-up and investigations is consultative.