Decree No. 2021-390 Of 21 July. 2021

Original Language Title: Décret N° 2021-390 du 21 juil. 2021

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BENIN BENEFIT-Work


PRESIDENCY OF THE REPUBLIC


ORDER N. 2021-390 OF 21 JULY 21 2021 under the conditions of exercise of the mission of assistance in the control of construction work in the Republic of Benin.


THE PRESIDENT OF THE REPUBLIC,


HEAD OF STATE,


HEAD OF GOVERNMENT,


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On


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CHAPTER I: OBJECT AND SCOPE


Article 1


This Decree lays down the conditions for the exercise of the assistance mission


Of construction in the Republic of Benin.


Article 2


The provisions of this Decree shall apply to legal persons under public law,


Public authorities and regularly constituted firms whose main activities are in the field of ceuvre, engineering or control


Of delegated work, in respect of construction.


Law No. 90-32 of 11 December 1990 on the Constitution of the Republic of Benin, as amended by Law n " 2019-40 of 07 November2019;


Act 2005-07 of 08 April 2005 amending and supplementing Act 2001-07 of 09 May 2001 on the control of public works in the Republic of Benin;


Law n " 2016-06 on the framework law on spatial planning in the Republic of Benin;


The decision by the Constitutional Court to declare on 21 April 2021 the final results of the presidential election of 11 April 2021;


Decree n " 2021-257 du25 May2021 on the composition of the Government;


Decree No. 2019-430 of 02 October 2019 fixing the structure-type of the mlnistles;


Decree n " 2019-547 of 11 December 2019 concerning the powers, organisation and operation of the Ministry of the Framework for Life and Sustainable Development;


Minister's proposal for the Living and Sustainable Development Framework,


Council of Ministers heard at its meeting of 21) uillel2021,


CLIPPING


CHAPTER II: DEFINITIONS


Article 3


For the purposes of this Order, the following terms must be heard in the manner


Next:


Assistant to master of work: natural or legal person of public law or of


Private law to assist the owner in defining, piloting and operating a


ProJet;


Operation driver: assistant master of work at missions to


Administrative, financial and technical character.


Man-month: unit of measurement or evaluation that corresponds to the work done


By one person for one month;


Man-day: unit of measurement or evaluation that corresponds to the work done by


One person for a day;


Master of work: natural or legal person under public law or private law


Entrusted by the Contracting Authority, in the course of carrying out a work, to


Missions for the design and assistance in the performance and reception of benefits, which are the subject of the contract under an agreement on the control of the work;


Master of work: legal person of public or private law, owner


Final of the work or technical equipment, subject to the mission of the assistant to


Control of work;


Delegated authority: legal person under public law or private law who


Receives from the contractor, at the end of a master's contract,


Delegation of part of its functions for the purpose of monitoring the execution of a


Construction project;


Public works: real property resulting from a development, which is assigned to a


Public service, including that belonging to a private person but assigned to a


Public service.


CHAPTER lll: MlSsloN'S CoNDlTloNs AND MlSsloN CoNTENU


THE WIZARD HAS MASTERSHIP


First section: content of the tasks of assistant to master of work


Article 4


The work of a master's assistant is a mission that allows a person to


Public or private law or private law to bring to a master


Administrative, technical and financial competence and experience in the field of


Completion of public works. 2


The masterpiece wizard has an eVou advisory role, and a proposal,


The decision-maker remaining the owner. It facilitates project coordination and enables the


A project manager to fully meet his project management obligations.


Its intervention focuses on the following phases:


-feasibility study and determination of the forecast financial envelope; - design; - work; - reception-commissioning.


The owner may decide to contract with the master's assistant in order to


One, several or all of the listed steps referred to in this section.


Article 5


A work program is established that defines the objectives of the operation, the needs


That it must satisfy, the constraints and requirements of social, urban, architectural, functional, technical and economic quality, but also in terms of integration into the landscape and protection of the environment.


The definition of the programme includes environmental quality objectives, according to the


Principles of sustainable development.


The assistant to the master of work also helps the owner in the phase of the


The operation and in the determination of the financial envelope forecast.


The mission, in the design phase, includes the consultation and choice phase of the


Master of octopus. It is composed of:


-monitoring of studies; - assistance in the management of the markets of intellectual providers; - assistance in consulting firms; - assistance from the consultation of dealers; - assistance to the Dematerialization of markets.


The work phase includes:


-participation in the various framing meetings with the project stakeholders; - assistance in drafting the draft amendments; - assistance in the management of the approval of contract subcontractors; - participation and The facilitation of master work meetings, including:


Including the writing of records;


-the monitoring of the production of quantitative and estimated estimates; - verification of the organisation proposed by the master of implementation for reception


Books.


Article 6


Can carry out tasks as assistant masters of work:


-public institutions or public authorities; - regularly constituted firms whose main activities are in the field


Mastership, engineering or control of delegated work; and


Having at least five (05) years of existence;


-qualified natural persons.


Rule 8


For the performance of its mission, the master's assistant is linked to the master


Of work by means of a contract of assistance to the master of work which shall determine the terms and conditions


Of realization.


Section 4: Compensation for the work master's assistant


Rule 9


The master's assistance contract sets the remuneration of the master's assistant


Of work. This compensation, broken down into mission elements, takes into account:


-of the scope of the mission, appreciated in particular in relation to the benefits to be managed, the formalities to be completed;


4


The reception and commissioning phase includes:


-the opinion on the proposals for receipt of the master of work and the monitoring of the lifting of the reserves;


-the monitoring of the preparation and transmission of the master's plans;


-the establishment of the completion notebook; - assistance in the management of the completion guarantee; - assistance in the implementation of the 10-year guarantee; - assistance for the operation of the operation (Committee on the Security).


Section 2: Minimum conditions for the exercise of the task of assistant to the master of work.


Section 3: Selection methods of the Assistant to the Works


Article 7


The Work Master wizard is selected according to procedures and procedures


Provided for in the Public Procurement Code.


-the estimated cost of the operation, based on the forecast financial envelope prepared by the contractor.


The full mission fee can be assessed in person/month or man/day. The amount of these fees may vary from zero decimal five (0.5) to two (2)


% of the total amount to be paid to the various providers to be involved in the implementation of the project.


A prorated calculation of the cost of the mission is done to determine Ia compensation for a


Partial mission, depending on its size.


Section 5: Various guarantees to be obtained by the master's assistant


Rule 10


The master's assistant is subject to the guarantee of professional risks.


Final acceptance of the work and supplies shall not prevent the implementation


Subsequent to the responsibility of the Works Management Assistant in respect of his or her mission.


The master's assistant is required to provide a bank guarantee covering the


Advances in fees, with the exception of public institutions or communities


Public.


Section 6: Penalties for the work force assistant


Article 1 1


The master of work assistant is responsible to the master of work, for the performance of his services in accordance with the provisions of the contract of assistance to the


Master d, book. The penalties for breach of contractual obligations by the assistant master of work shall be laid down in the contract, in accordance with the


Existing legislation;


The following are exempt from the application of the penalties:


-to a fault of the public works master; - to a case of force majeure; - to the fact of a third party, in particular a provider.


Rule 12


In the case of gold), by reason of the owner, the holders of the contracts concluded for the


Carrying out an operation would be entitled to moratoria interests, the owner


Shall bear these costs calculated on the basis of the provisions of the Public Procurement Code.


5


CHAPTER lV: TRANSITIONAL AND FINAL PROVISIONS


Rule 13


Agreements concluded before the entry into force of this Decree shall remain governed by the provisions in force at the time of their conclusion. The


Amendments, whatever their dates, are governed by these same provisions.


Rule 14


This Order, which takes effect from the date of its signature, repeals all


Previous provisions to the contrary.


It will be published in the Official Journal.


Done at Cotonou, 21 July 2021 by the President of the Republic, Head of State, Head of Government,


.u Patrice TALON


The Minister for Action of Action G rnemen


Nt and Coordination, Minister of State,


To CHANE


Minister of Economy and Finance, Minister of State,

R muald WADA