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Decree No. 2011 - 1048 Wednesday, July 27, 2011

Original Language Title: Décret n° 2011-1048 du mercredi 27 juillet 2011

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Decree No. 2011-1048 of Wednesday 27 July 2011

Decree No. 2011-1048 of Wednesday 27 July 2011 on the Public Procurement Code.

Presentation Report

Since 2003, the Government of Senegal has made a thorough diagnosis of procurement procedures by means of an analytical review of the system.

The objective was to:

-first, to improve the transparency, efficiency and effectiveness of public expenditure;

-secondly, to promote the development of small and medium-sized enterprises;

-finally, to strengthen exchanges within the framework of UEMOA.

For this purpose, a new device shall be set up
Which guarantees the professionalisation of the actors, the effectiveness of the prior checking and the post-ériori system, the regulation of the system by the institution of a non-judicial remedy.

This arrangement is materialised by decrees No. 2007-545, 2007-546 and 2007-547 of 25 April 2007 on the Public Procurement Code, the organisation and operation of the ARMP and the creation of the DCMP.

The new system, which came into force in January 2008, has undergone successive improvements to take account of particular concerns relating, in particular, to the contracts awarded for national defence, to the management of the dimension Environment, emergency situations (simple or compelling).
Amendments have also been made concerning the call for tenders with competition and the specific provisions for expressions of interest.

Therefore, it is necessary to bring together the various texts in a single consolidated document, enriched by the contributions of the United Nations Commission for the Development of International Trade and the experience of our technical partners and Financial.

A consensus-based regulatory framework is in place
Which also serves as a support for the execution of expenditure on external financing.

This is the economy of this draft decree.

The President of the Republic:

Having regard to the Constitution;

Having regard to Directive No 04 /2005/CM/UEMOA of 09 December 2005 on procedures for the award, execution and settlement of contracts and public service delegations in the African Economic and Monetary Union;

Having regard to Directive 05 /2005/CM/UEMOA of 09 December 2005 on the control and regulation of contracts and public service delegations in the African Economic and Monetary Union;

In view of the Uniform Act of 17 April 1997 of the Organisation for the Harmonisation in Africa of the Law of Business (OHADA) on the Oganisation of Security Interests;

Having regard to Organic Law No. 99-70 of 17 February 1999 on the Court of Auditors;

In view of Law No. 65-50 of 19 July 1965 on the Code of Civil and Commercial Obligations, as amended;

In view of Law No. 65-51 of 19 July 1965 on the Code of Obligations of the Administration as amended by Act No. 2006-16 of 30 July 2006;

In view of Law No. 90-07 of 20 June 1990 on the organisation and control of BPS companies and the control of private legal persons benefiting from the financial assistance of public authorities;

Having regard to Law No. 96-06 of 22 March 1996 on the Code of Local Authorities, as amended;

In view of Decree No. 2005-576 of 22 June 2005 on the Charter of Transparency and Ethics in Public Procurement;

In view of Decree No. 2007-545 of 25 April 2007 amending the Public Procurement Code;

In view of Decree No. 2009-451 of 30 April 2009 appointing the Prime Minister;

In view of Decree No. 2011-628 of 16 May 2011 concerning the composition of the Government;

On the report of the Minister of State, Minister of the Economy and Finance;

Decrete:

TITLE I. - SCOPE
AND DEFINITIONS

Chapter 1. -Scope.

Article 1. - Pursuant to the Code of Obligations of the Administration and Act No. 90-07 of 26 June 1990 on the organisation and control of BPS companies and the control of private legal entities benefiting from the
Financial assistance of the public power, this Decree lays down the rules governing the preparation, transfer, execution and control of contracts concluded by the legal persons referred to in Article 2, in order to meet their needs in The conduct of works and the purchase of supplies or services, as well as the transfer and control of contracts involving the performance of a public service.

Article 2.

The provisions of this Decree shall apply to contracts concluded by the following Contracting Authorities:

(a) the State, including its deconcentrated services and non-legal entities under its authority;

(b) local authorities, including their decentralised services and non-legal entities, placed under their authority, together with the mixed groups and the local public institutions affected by the Articles 74 and 327 of the Local Government Code;

(c) public institutions;

(d) agencies or bodies, legal persons governed by public or private law, other than public institutions, national companies or public limited companies with majority public participation, whose activity is financed mainly by the State or a Local community and is primarily engaged in activities of general interest;

(e) national corporations and public limited public participation companies;

(f) the associations formed by the persons referred to in paragraphs (a) to (e) above.

(2) Contracts entered into by a legal person governed by public or private law on behalf of a contracting authority shall be subject to the rules which apply, in accordance with this Decree, to contracts awarded directly by that contracting authority. The delegation of tasks relating to the procurement of works or projects shall be carried out in accordance with the conditions laid down in Articles 31 to 34 of this Decree.

Article 3.

1. Contracts entered into pursuant to financing agreements or treaties shall be subject to the provisions of this Decree, subject to the application of provisions contrary to the procedures laid down in those agreements or treaties International.

2. The conclusion of contracts involving the participation of public persons in the performance of a public service referred to in Article 10 of the Code of Obligations of the Administration, unless otherwise provided by law or regulation Is subject to the procurement and control rules provided for in this Order.

3. The provisions of this Decree shall not apply to the following benefits passed by the Contracting Authorities referred to in Article 2:

(a) service in respect of:

(i) arbitration, conciliation,
Assistance and representation;

(ii) financial services relating to the issuance, purchase, sale and transfer of securities or other financial instruments, in particular cash or capital supply operations of the
Contracting authorities, and services provided by central banks.

(b) employment contracts.

4. Notwithstanding this Code:

(a) The national furniture service may make acquisitions at public auctions without any price limitation and without applying the procedures set out in the Public Procurement Code. The regulation of such purchases may take place on the production of the sales report of the person authorised to make the auctions;

(b) diplomatic and consular missions abroad may make acquisitions without applying the procedures set out in the Contract Code;

(c) Contracting authorities may, without applying the procedures provided for in the Contract Code:

I. Acquire the petroleum products named super fuel, ordinary petrol and diesel, intended solely for the use of administrative vehicles, and the acquisition of which is subject to the application of the current price set out in the schedule of products Oil tanker published periodically by the National Hydrocarbons Commission of the Ministry of Energy. Products intended for use are excluded from this derogation.

Ii. Acquire air and sea transport titles for the purposes of their agents' missions;

Iii. To provide accommodation and catering in existing hotel receptions, or in structures with such a vocation, official guests of the state, local authorities and their dismemberments during the organisation of summits Officials, seminars or workshops.

The contracts referred to in paragraph 4 shall be subject to a settlement or invoice.

Chapter 2. -Definitions.

Article 4.

For the purposes of this Order, the following terms have the meaning assigned to them in this section.

1. Civilian procurement: contracts for works or acquisitions of non-military logistics products or services.

2. Affermage: the contract by which the contracting authority charges the farmer, public or private person, for the exploitation of works which it has acquired so that it ensures the supply of a public service, the farmer does not perform the Initial investments.

3. Assign: tenderer whose tender has been accepted before market approval by the Committee on Contracts and confirmed by the person
Market leader;

4. Contracting Authority: legal person referred to in Article 2 of this Decree.

5. Candidate: a supplier, contractor or service provider who participates or has the ability to participate in a procurement procedure.

6. Dispute Settlement Committee: the competent authority responsible for non-judicial remedies open to any applicant for a procedure for the award of a public contract or public service delegation.

7. Grant: contract by which a public person charges a private or public operator, the concessionaire, to carry out a public work or to make investments relating to such work and to exploit it for the purpose of providing a public service, Only to operate a public work or equipment for the purpose of providing a public service. The concessionaire shall operate the service in its name and at its risks and perils, by collecting remuneration from the users of the work or the beneficiaries of the service granted.

8. Competition: the procedure by which the contracting authority chooses, after placing in competition and notice of the selection board referred to in Article 75, a plan or a project, in particular in the field of spatial planning, town planning, architecture and Engineering or data processing, before awarding a contract to one of the winners of the competition.

9. Partnership contract: contract by which the public person assigns to a third party, for a specified period, a global mission including financing and construction, including construction, rehabilitation or processing, Material or intangible investment, as well as their maintenance, operation or management and, where appropriate, other benefits, which contribute to the exercise by the public person concerned of the public service mission of which it Loaded.

10. Crisis: the situation in which damage has been caused, the proportions of which clearly exceed those of normal life and which substantially compromise the life and health of the population, or which have substantial effects On the value of the goods, or that require measures to supply the population with essential products. Armed conflicts and wars are crises within the meaning of this Decree;

11. Life cycle: the set of successive stages that a product may know, namely research and development, industrial development, production, repair, modernisation, modification, maintenance and maintenance, Logistics, training, testing, removal and disposal;

12. Public service delegation: an administrative contract by which a public legal person entruss the management of a public service for which it is responsible to a public or private delegate whose remuneration is substantially related The results of operation of the service

13. Technology Demonstrators: devices to demonstrate the performance of a new concept or technology in a relevant or representative environment;

14. Direction responsible for the Control of Public Procurement: a service attached to the Ministry of Finance responsible for the prior checking of the procurement procedure.

15. Community enterprise: a company whose head office is located in a member state of the Economic Union and West African Monetary Union.

16. Sensitive equipment, sensitive work and
Sensitive services: supplies, services and work for security purposes
Or require and/or contain information
Classified;

17. Supplies (market of): movable property of all kinds including raw materials, products, equipment and objects in solid, liquid or gaseous form and electricity, including also property acquired by leasing or lease-sale And ancillary services to the supply of goods, if the value of the latter services does not exceed the value of the goods themselves.

18. Registration of contracts: Numbering operation with the Control Body a priori for the purpose of establishing statistics on markets regularly concluded before they are notified to the holders;

19. Information: any information or knowledge which may be represented in a form adapted to a communication, registration or treatment;

20. Classified information or support: process, document object, information, computer network, computerised data or file presenting a national defence secret character;

21. Public contract: written contract, concluded for consideration by a contracting authority to meet its needs for works, supplies or services. Public contracts are administrative contracts, with the exception of those awarded by national corporations and public limited public participation companies which remain private law contracts;

22. Caution: implementation of measures to ensure the freedom of action of public authorities, to reduce the vulnerability of the main populations or equipment and to ensure the security of general mobilisation or enforcement operations In the operation of the armed forces;

23. General mobilization: implementation of all national defence measures;

24. Body responsible for the regulation of public procurement: an instance whose creation is provided for by the Code of Obligations of the Administration, in particular to analyse and disseminate information relating to the public order, to give all opinions And propose adaptations to the regulation of public procurement contracts, to ensure the ex post facto control of the procurement and execution of contracts.

25. Person responsible for the contract: person responsible for conducting the procurement procedure, signing the contract on behalf of the contracting authority and representing the contracting authority in the execution of the contract.

26. Intellectual benefits: benefits consisting mainly in the realization of benefits, such as studies, research, consultancy services, engineering or assistance services which do not translate A physically measurable or apparent result;

27. Research and development ": a set of activities involving basic research, applied research and experimental development, which can include the realization of demonstrators;

28. Services (market): any market other than supplies or works, including intellectual services.

29. Submission: an act of written undertaking, at the end of which a candidate makes known his conditions and undertakes to comply with the applicable specifications;

30. Tenderer: a natural or legal person who participates in a tender by submitting an act of undertaking and the other constituent elements of its tender;

31. Titular: natural or legal person, contract award which has been approved in accordance with this Decree.

32. Works (market of): construction operations, reconstruction, demolition, repair or renovation of any building or structure, including the preparation of the site, the work of earthmoving, the installation of equipment or equipment, the Decoration and finishing, as well as ancillary services to the work, if the value of these services does not exceed that of the work themselves.

33. Simple emergency: a situation which is not the result of the contracting authority, imposing rapid action and justifying, for that purpose, the reduction of the deadlines for the receipt of applications and offers, in order to prevent a danger or delay Detrimental to the contracting authority;

34. Urgent urgency: situation resulting from unforeseeable events for the contracting authority and not its fact, imposing immediate action.

TITLE II-PREPARATION
STEPS.

Chapter 1. -Determination of requirements
And funding.

Section 1-Identifying the needs to be met

Article 5.

1. Before any call to competition, consultation or negotiation, the contracting authority is required to determine as exactly as possible the nature and extent of the needs to be met. Supplies, services or work that are the subject of contracts must meet these requirements exclusively.

2. The documents constituting the contracts shall be prepared by the competent services of the contracting authority, under the responsibility of the person responsible for the contract. For the conduct of prior studies and the preparation of contract projects, the collaboration of technical services depending on other administrations or men of art may be used.

Article 6.
In preparing their budgets, contracting authorities shall assess the total amount of supply contracts, by product category, service contracts by category of services and contracts of work, which they consider to be Enter into the relevant year and draw up a procurement plan comprising all these markets, following a standard model set by the Body for the Regulation of Government Procurement. Contracting plans are reviewable. Contracting authorities shall communicate them to the Directorate responsible for the control of public contracts, which shall publish it.

With the exception of the contracts provided for in Article 76.2, contracts awarded by the contracting authorities shall be entered in the procurement plans, on pain of nullity.

The procurement plan contained in the procurement plan which is to give rise to a tender procedure involving a public tender for competition, pursuant to the provisions of this Decree, shall be published, By the care of the contracting authorities, by the end of January of the year envisaged for their award, of a general opinion drawn up and published in accordance with the model adopted by the decision of the Body responsible for the regulation of public contracts.

With the exception of cases provided for in Article 76.2 of this Decree, no award procedure may be commenced before the expiration of seven (7) days from the publication of the procurement plan or its revision.

Section 2. -Definition of supplies,
Services and jobs

Article 7.
The works, supplies and services of services which are the subject of a public contract or a public service delegation shall be defined by reference to national or Community standards, technical approvals or specifications, or, failing that, by Reference to standards, technical approvals or specifications
International.

These rules cannot be derogated from:

(a) if the national, Community or international technical specifications, technical approvals or technical specifications do not contain any
Provision concerning the establishment of conformity or if there are no technical means to satisfactorily establish the conformity of a product to those standards, technical approvals or common technical specifications;

(b) if such standards, technical approvals or national, Community or international technical specifications require the use of products or materials incompatible with installations already used by the authority Contracting, or entail disproportionate costs or disproportionate technical difficulties, but only within the framework of a clearly defined and recorded strategy for a transition, within a specified time frame, to standards, to Technical approvals or national, Community or technical specifications International;

(c) if the project concerned constitutes a genuine innovation for which the use of standards, technical approvals or national, Community or existing international technical specifications would be inappropriate.
The reference to technical specifications referring to products of a specific manufacture or source, or specific processes and which have the effect of favouring or eliminating certain undertakings is prohibited, unless such Specifications are not justified by the object of the contract. In particular, the indication of marks, patents or types, catalogue numbers or the indication of a particular origin or production is prohibited. However, such an indication accompanied by the statement " Or equivalent " Is authorised where the contracting authorities do not have the opportunity to give a description of the subject-matter of the contract, by means of specifications which are sufficiently precise and intelligible to all concerned.

These standards, approvals and specifications, as well as the use of the above mentioned exemption procedure, must be expressly mentioned in the technical clauses.

Article 8.
The work, supplies or services may be held in batches giving rise to a separate contract, where the division is liable to
Present economic, technical or financial benefits, including in order to facilitate the candidature of small and medium-sized enterprises. This election must not have the purpose or effect of subtracting contracts from the rules that are normally applicable to them under this Order.

Section 3-Financing of contracts-existence of prior appropriations and authorisations.

Article 9.
During the market preparation phase, the contracting authority shall:

(a) assess the estimated amount of supplies, services or work, object of the contract and ensure the existence of adequate budgetary appropriations. Before any contract is signed, the competent services of the contracting authority must submit to the co-contractor the document concerning the commitment or authorisation of the expenditure relating to the contract;

(b) obtain, where appropriate, the prior authorizations to which the conclusion of the contract is submitted, on pain of nullity, in accordance with the Code of Obligations of the Administration.

Chapter 2. -Documents constituting and content of contracts

Section 1. -Details.

Article 10.

Contracts shall be concluded in writing and shall be the subject of a single file, of which the specifications and the tender are constituent elements. The component parts of the contract must contain all the particulars to facilitate the understanding of its subject matter to the candidates, in accordance with the standard dossier adopted by the Body responsible for the regulation of public contracts.

Article 11.
The contract, after competition, includes the tender which is the act by which the candidate presents his offer and adheres to the provisions of the contract. The signing of the contract by the responsible person and its approval shall lay down the rights and obligations of the parties. The tender shall also contain the discounts proposed by the applicant and the undertaking not to grant or promise to grant any person involved in the procurement procedure an unfair advantage; Financial or other, directly or by intermediaries, in order to obtain the market; and in general to comply with the provisions of the Charter of Transparency and Ethics in Public Procurement adopted by Decree No. 2005-576 of 22 June 2005.

Bids and tenders shall, on pain of invalidity, be signed by the candidates presenting them or by their duly authorised representative. The same person cannot represent more than one candidate for the same market.

Article 12.
The specifications determine the conditions under which the contracts are executed. They include the following general documents and specific documents:

(a) General Administrative Clauses (CCAG) laying down the administrative provisions applicable to all contracts of the same nature: supplies, works or services. These documents shall be drawn up by the Body responsible for the regulation of public contracts in relation to the ministries concerned and shall be approved by decree.

(b) the General Technical Clauses (CCCAs) laying down essentially the technical conditions and specifications applicable to all markets of the same nature; they shall be drawn up by the Body responsible for the regulation of public contracts in Relationship with the relevant technical departments and are approved by order of the relevant minister (s).

(c) the Special Requirements Papers (SCC) setting out the specific terms and conditions of each contract, which are established by the contracting authority. They include specific administrative clauses and special technical clauses. They shall contain, in particular, the precise definition of the subject-matter of the contract and the method of procurement and must include the indication of the articles of the general administrative clauses and of the general technical clauses To which they may derogate. They refer, if necessary, to the terms of international trade in force, specify the obligations of the contracting authority and the holder of the contract.

(d) the Special Administrative Clauses (CCAP), specifying the General Administrative Clauses (CCAG). They shall be drawn up by the contracting authority with a view to completing, specifying or amending the General Administrative Clauses Book.

(e) the Special Technical Clauses (CCTP) laying down the technical provisions necessary for the performance of the contract. They shall be drawn up by the contracting authority and shall bring together the technical provisions or stipulations which give a precise description of the benefits to be achieved. They allow the responsible person to monitor the conduct and proper execution of the contract.

Section 2. -Mandatory Mentions

Article 13.
The contracts shall define the mutual commitments of the Contracting Parties and shall contain at least the following particulars:

(1) the indication of the Contracting Parties, including the registration number in the register of trade and credit furniture or the trade register, the taxpayer's account number or the identification of the indirect taxes and the number National Identification of Enterprises and Administrations (NINEA) or, for foreign candidates not yet registered in Senegal, the reference to registration with equivalent bodies in the State of which they are nationals;

2) definition of the subject-matter of the contract;

(3) the reference to the articles of this Decree, by virtue of which the contract has passed;

(4) the listing in order of priority of the parts constituting the market;

(5) the amount of the contract and the method of determining its price in accordance with the conditions laid down in this Decree;

6) the time limit for the execution of the contract and the starting point of the deadlines;

(7) Late penalties, moratoria and other penalties related to delays in the performance of the contract;

(8) the conditions of receipt and, where appropriate, delivery of supplies, services or works;

9) the conditions of settlement and the banking domicile where the payments will be made;

(10) any guarantees which may be required, as defined in this Decree;

11) termination conditions;

12) the budgetary allocation;

13) the accounting officer assigned the payment;

14) the date of notification of the contract;

15), where appropriate, the tax and customs procedures derogating from the common law;

16) where applicable, the reference to the opinion of the Directorate for the Control of Public Procurement;

17) the reference to insurance covering the civil and professional liability of the holder of the contract, where applicable;

18) the dispute resolution process;

19) in the case of contracts with foreign companies, the applicable law;

20) where appropriate, the approval of the competent authority.

Contracts awarded pursuant to Article 76.2 of this Decree may be in a simplified form comprising at least the following particulars:

1. The indication of the Contracting Parties;

2. The definition of the subject of the contract;

3. The amount of the contract, the budgetary allocation and the terms of payment;

4. The obligations of the parties, including the handing over of all financial and accounting information enabling specific price control;

5. The starting point of the time limit for the execution of the contract and, possibly, its duration if it can be determined;

6. The signature of the responsible person and the holder of the contract.

Chapter 3-Contract Period.

Article 14.

(1) The duration of a contract shall be fixed taking into account the nature of the benefits and the need for periodic tendering. It shall not in principle be more than one year, except under the conditions laid down in the following paragraph of this Article and in the framework of contract and customer contracts, in accordance with the provisions of Chapter VI of this Title.

2) Program-related contracts
May be contracted for several years, provided that the resulting commitments remain within the limits of the program authorities and payment appropriations contained in the Acts Finance.

(3) Management and maintenance contracts by level of services (GENIS), which are based on an obligation to achieve results in place of the obligation of traditional market means, may be contracted for up to three (3) years.

Chapter 4-Market Prices

Section 1-Content and general character of prices

Article 15.

The prices of the contracts shall be deemed to cover all expenses which are the necessary and direct consequence of the works, the supply or the service, including any applicable duties, taxes and taxes, except where they are expressly excluded from the Market prices or subject to exemption. The prices are deemed to provide a benefit to the holder.

2. Contracts with a tax exemption or tax exemption clause should be directed to legislative or regulatory instruments and conventions providing for such exemptions.

Section 2-Pricing methods.

Subsection 1-Lump or unit price
And controlled expenditures

Article 16:

1. Contracts may be awarded either at a flat rate or at unit prices, or by a combination of both, or, exceptionally, on the basis of controlled expenditure.

2. The total price or unit prices shall be calculated by the candidate taking account of the prevailing economic conditions on the date fixed for the submission of tenders, or possibly on a date determined by the competition file, Which cannot be later than the calendar month preceding that of the deposit of tenders.

Article 17.

1. The all-inclusive price is fixed in bulk and in advance for supplies, benefits or work completely determined in the market.

2. Unit prices shall be fixed for a specified element of the supplies, services or work to be carried out and shall be applied to the quantities actually delivered or carried out of the said elements, in order to determine the amount to be settled.

Article 18.

The price on controlled expenditure shall be the price in which the actual and controlled expenditure incurred by the contractor, the supplier or the service provider in order to achieve the purpose of the contract shall be reimbursed to it in full, on the basis of Appropriate justification, by the Contracting Authority which adds a mark-up factor to cover general expenses, taxes and a profit margin. The contract must indicate the value of the various elements that contribute to the determination of the settlement price. The specifications set the maximum amounts of the paid benefits on controlled expenditure.

Subsection 2-Firm Prices and Revisable Prices.

Article 19.

Market prices are firm for the duration of the market, or reviewable. The price is firm when it cannot be modified in the course of the market due to variations in economic conditions. It shall be reviewable when it may vary during the performance of the contract, according to the parameters expressly provided for in the price review clause of the contract.

Article 20.

A contract is concluded at a firm price in the event that this form of price is not likely to expose the holder or the contracting authority to major hazards as a result of the reasonably foreseeable development of the economic conditions during the period Market execution.

Article 21.

The contracts shall provide for a price revision when their duration exceeds twelve months, in order to take into account the variation in the cost of the elements of the benefit concerned. In this case, the specifications shall specify the formula for the revision of the price, as well as the periodicity and manner of its application. The price revision formula must have a fixed part and a part which varies according to the parameters corresponding to the elements which are the most representative of the cost of return, without it being possible to mention parameters which do not Direct and immediate reporting with the object of the contract.

The holder of the contract may not avail himself of the review clause for the part of the contractual periods resulting from a delay which is attributable to him.

Article 22.

The amount of a market at a firm price is actualizable, to take into account the variations in costs between the date of validity of the offers and the start date of the contract, by applying to the original amount of the tender the formula Of the specifications set out in the specifications.

Chapter 5. -Stakeholders.

Article 23.

Amendments to the initial conditions of the contract after its approval shall be the subject of a written amendment, signed by the authorised representatives of the contracting authority and the holder of the contract.

2. A rider may not have the effect or purpose of substituting another market for the initial market, either by upsetting the market economy or by fundamentally changing the object. An endorsement can only cover the following objects:

(a) the modification of the terms of the initial contract having no effect on its amount or on the volume of the supplies, services or works, but necessary for its execution, including changes affecting the Contracting Authority or those affecting The legal form or structure of the holder, without calling into question the elements of the initial choice or the market economy, nor the market holder;

(b) the increase or decrease in the mass of supplies, services or work exceeding the maximum variations provided for in the competition file;

(c) the making of supplies, services or work not provided for in the market but necessary for the performance of its object, as a result of the occurrence of unforeseen hardship;

(d) the extension or reduction of the time limit for the initial contract.

3. No rider relating to a contract may be entered into after the provisional acceptance of the supplies, services or works which constitute its object.

Article 24.

The increase or reduction of supplies, services or work resulting from one or more endorsements shall in no case exceed 30 % of the amount of the initial contract, after the application of any discount and revision clauses.

Where the proposed amendment relates to quantities of works, supplies or services in excess of those set out in the preceding paragraph of this Article, a new contract shall be entered into. The same is true when, in the case of successive riders, the sum of the final rider to be concluded must bear the cumulative total of the riders beyond those limits.

Chapter 6-Order Contracts
And customer markets.

Article 25.
1. Where the Contracting Authority cannot determine in advance the volume and rate of orders for supplies or routine services necessary for its purposes, the Contracting Authority may use:

(a) a standing market that sets the minimum and maximum of supplies or benefits, fixed in value or quantity, that may be ordered within a specified period not exceeding that of the use of the payment appropriations; Quantities of the benefits or supplies to be carried out are specified, for each order, by the contracting authority according to the needs to be met;

(b) a customer market by which the authority
Contracting Party undertakes to entrust the claimant or the
Supplier retained orders for a
A specified class of services, supplies or maintenance or maintenance services, without indicating the quantity or overall value of the orders. In cases where the customer markets are for a period of more than twelve months, if those contracts expressly so provide, each Contracting Party shall have the right to request, on dates fixed by them, that a Review of market conditions by applying the price revision formula, or to denounce the market in the event that the application of the price revision formula results in a
Increased unit prices by more than 20 %.

Customer or order contracts shall be concluded for a period of one year, renewable by amendment, without exceeding two years.

2. Where, for economic, technical or financial reasons, the rate or extent of the needs to be met cannot be entirely stopped in the market, the public person may enter a market with a firm slice and one or Multiple conditional slices. The contract defines the consistency, price or manner of determination and the manner in which the benefits of each tranche are to be carried out, which must constitute a coherent whole. The execution of each conditional tranche shall be subject to a decision of the person responsible for the contract, notified to the holder under the conditions laid down in the contract.

Article 26.
Contracts for contracts, customers and conditional bands may only be concluded in the context of a competitive tendering procedure, in accordance with the conditions laid down in this Decree.

TITLE III. -TRANSFER OF STEPS

Chapter I.-Organization
Of the public order.

Section 1. -Person responsible for the contract

Article 27.
The procurement procedure shall be conducted by the person responsible for the contract, who shall be entitled to sign the contract on behalf of the contracting authority. Contracts concluded by a person not entitled to this effect shall be null and void.

The contracting authority may designate other persons responsible for contracts, specifying the categories and the amounts of contracts for which they have the competence of persons responsible for contracts.

Article 28.
The people responsible for the markets in the
Different contracting authorities are:

(a) For the State and in each ministerial department: the Minister responsible for the department concerned, who is responsible for the contracts awarded by the central services, the contracts awarded in the Dakar Region and the markets of the agencies, or Non-legal entities within its department;

(b) For State contracts in regions other than the Dakar Region: the Governor of the region.

(c) For local government markets: regional council presidents, mayors and mayors
Presidents of rural councils or their duly authorised representatives are responsible for the contracts to be passed by the regions, the municipalities and the rural communities.

(d) For the contracts of public institutions, agencies and other bodies having legal personality, as referred to in Article 2.1 (d) of this Decree: the executive body designated in accordance with the rules applicable to them.

(e) For the contracts of national corporations and public limited-liability companies with a majority public interest, the Director General, regardless of the amount.

Section 2-Approval Authorities.

Article 29.

The act of approval, materialised by the signature of the competent authority as such, is the administrative formality necessary to give effect to the procurement.
In all cases, the functions of the signatory authority and the approving authority cannot be combined.

1. Government contracts are approved by:

-the Minister for Finance when the amount is equal to or greater than 100.000.000 CFA;

-the Minister depends on the amount of the contract when the amount of the contract is equal to or greater than 50,000,000 CFA, but does not reach 100.000.000 CFA;

-the Governor of the region where the amount of the contract is less than 50,000,000 CFA, with the exception of the Dakar Region for which the approval of the markets remains the responsibility of the Minister.

2. In accordance with the provisions of the Local Community Code, the contracts of local authorities whose amounts are indicated in this paragraph shall be approved by the representative of the State:

(a) for the regions: any contract of an amount equal to or greater than 100.000.000 CFA;

(b) for cities and municipalities:

-cities in the Dakar region, joint regional and regional sites of a budget equal to or greater than 300.000.000 CFA: any market equal to or more than 50,000,000 CFA francs;

-other communes: any market of an amount equal to or greater than 15.000.000 CFA francs.

(c) for rural communities: any market of an amount equal to or greater than 15.000.000 CFA francs.

Contracts below the thresholds set out in this paragraph shall not be subject to the formality of approval.

3. The contracts of public establishments, agencies and other bodies referred to in Article 2.1 (c) and (d) shall be approved by:

-the Minister responsible for finance, where the amount of the contract is equal to or greater than 150,000,000 CFA;

-the Chairman of the Administrative Board or the deliberative body, where the amount of the contract is equal to or greater than 50,000,000 CFA but does not reach 150,000,000;

-the Director or equivalent body, where the amount of the contract is less than 50,000,000 CFA francs.

In the event of an amendment, the amount to be taken into account shall be the cumulation of the initial amount of the contract and the amount of the amendments.

Where the amendment has the effect of increasing the amount of the contract below the threshold for which the approving authority has jurisdiction, it shall remain competent.

Article 30.
The contracts of national companies and public limited-liability companies with majority public participation shall be approved by their legal representative, appointed in accordance with the legal and statutory provisions applicable to them.

The favourable opinion of the board of directors prior to the signature of the contracts, materialised by the minutes of the proceedings, is required:

(a) when they have been made by a national company or a public limited public participation company that has been in existence for less than 12 months;

(b) where the legal representative decides to retain a candidate other than that proposed by the Contracts Commission.

Section 3-Control Delegation
Or project implementation.

Article 31.

The Contracting Authority may delegate all or part of its powers relating to the award and execution of contracts concerning the achievement of:

1. Works, buildings or infrastructure, including the supply of equipment and equipment necessary for their operation;

2. Public interest programs or projects included in such programs, including a set of works, supplies and services.

The procurement rules used by the representative of the contracting authority referred to are those which apply to the contracting authority, subject to such modifications as may be necessary to take account of The intervention of the delegated contractor.

Article 32.

Within the limits of the programme and the estimated financial envelope that it has established, the contracting authority may entrust the master of work, under the conditions laid down in the agreement referred to in Article 33, to the exercise, on its behalf And for his or her account, all or part of the following:

1. The definition of the administrative and technical conditions under which the work or project concerned will be carried out;

2. Organisation and conduct of the procurement procedure necessary for the completion of the work or project until the preliminary award;

3. Signature of contracts after approval by the Contracting Authority of the choice of the holder;

4. Management of contracts awarded on behalf of and on behalf of the contracting authority;

5. Payment or authorization of payments to contract holders;

6. Receipt of the work or project;

7. All acts relating to the powers referred to above.
The delegated work authority shall be bound by the Contracting Authority only in the proper performance of the powers entrusted to it by the contracting authority.
The delegated contractor shall represent the contracting authority vis-à-vis third parties in the exercise of the powers entrusted to it until the Contracting Authority has ascertained the completion of its mission, under the conditions defined by the The Convention referred to in Article 33. He can take legal action.

Article 33.

The relationship between the contracting authority and the delegated contractor is defined by a convention,
Governed by the rules applicable to the term of office, placed in accordance with the procedure applicable to contracts for intellectual services, which provides, on pain of invalidity:

1. The work or project which is the subject of the Convention, the powers entrusted to the master of work delegated, the conditions under which the contracting authority finds the completion of the task of the master of work delegated, the arrangements for The remuneration of the latter, the penalties applicable to him in the event of a breach of his obligations and the conditions under which the agreement may be terminated;

2. The method of financing the supplies, services or works as well as the conditions under which the owner of the work will make the advance of funds necessary for the performance of the agreement or reimburse the expenses incurred for his account and Previously defined;

3. The arrangements for the technical, financial and accounting control exercised by the contracting authority in the various phases of the operation, including the phases of the completion of the contract which are subject to the prior approval of the contract.
By way of derogation from the provisions of the preceding paragraph, the relations between the contracting authority and the master of work delegated under its supervision shall be governed by the laws and regulations applicable to them.

Article 34.
Only a contracting authority may be entrusted by a contracting authority with delegated work within the meaning of this Decree, because of their competence in the field concerned:

1. The legal persons and bodies referred to in Article 2.1 of this Decree;

2. Public or private persons entrusted with the implementation of programmes or projects financed by external aid funds or approved by order of the Minister responsible for finance, after the opinion of the Regulatory Body for Public Procurement.

The delegated missions and the conditions for their implementation shall be specified in texts taken in
Application of the provisions of this Section 3.

Section 4. -Contract committees
And contracting cells.

Article 35.

At the level of each contracting authority, a Contracting Committee shall be set up to open the pleats, the evaluation of tenders and the provisional award of contracts, as well as a procurement cell responsible for To ensure the quality of the procurement files and the proper functioning of the Committee on Contracts, in accordance with the conditions laid down by the Minister responsible for finance after the opinion of the Board responsible for the regulation of contracts Public.


Article 36.

Contract commissions shall be composed of representatives of the contracting authority whose number and conditions of designation are determined for each category of contracting authority, by order of the Minister responsible for finance after notice of the The Body responsible for the regulation of public procurement, as well as representatives of the other administrations and bodies referred to in Article 37 below.

In the event that the contracting authority has concluded with a master of work a convention referred to in Article 33 of this Decree loading the master of the contract award, the committee established by the representatives of the Master of delegated work and financial control, in cases where he is a member of the Contracts Committee of the principal, carries out the operations of the opening of the folds, the evaluation of tenders and the provisional allocation.

In the case of consolidated contract contracts, the Committee on Contracts shall comprise either a representative of all the contracting authorities concerned, or representatives of the coordinator designated by the contracting authorities, according to the agreement Of these.

The members of the Contracts Committee representing the Contracting Authority shall be appointed for one year. It may also be a commission for a particular market where the nature or extent of the supplies, services or work concerned justify it.

For each member of the Committee on Contracts, he shall also be appointed an alternate. The members or alternates shall not be represented.

The Chair of the Contract Commissions shall be chaired by the authorized representative of the Contracting Authority.

For contracts awarded by the State outside the Dakar Region, a Contract Committee shall be established by the Governor in accordance with the conditions laid down by order of the Minister for Finance.

The members of the Committee on Contracts and Contracting Cells shall be entitled to compensation under the conditions laid down by order of the Minister for Finance.

Article 37.

In addition to the representatives of the contracting authority, also participate in the contract commissions:

1. For State contracts outside the Dakar Region: a representative of the Regional Governor, a representative of the Regional Council.

2. In the case of local government contracts, the contracting authority shall be assisted, in accordance with the provisions of Article 276 of the Local Community Code, of two members of the municipal, rural or regional council, as the case may be. In addition, the community accountant or his/her delegate attends meetings of the Contract Committee with deliberative voting.

3. In the case of contracts of national companies and public limited-liability companies, public establishments, agencies or other bodies with legal personality, referred to in Article 2.1 (d) of this Decree: Representative of the Minister responsible for the supervision of the company, institution, agency or agency concerned and a representative of the Financial Controller.

Article 38.
On the proposal of its chairman, the Committee on Contracts may appoint a technical committee for the study and evaluation of tenders, which shall submit to the Committee on the analysis and evaluation of tenders or to involve in its work, with a vote Advice, any expert selected on the basis of his or her particular expertise and the nature of the benefits that are the subject of the contract.

Qualified persons may be designated by the administrative body responsible for the a priori control of public contracts, as observers, for
Monitoring the opening and evaluation of tenders.

The members of the technical committees for the study and evaluation of tenders, as well as the experts, are bound by the same obligations to declare conflicts of interest and secrecy as members of the Committee on Contracts.

Article 39.

Meetings of the Committee on Contracts shall be sent to its members at least five clear days before the date of the meeting. A quorum is present when more than half of the voting members are present. If, after a first convocation, this quorum is not reached, the Committee on Contracts shall be reconvened. It shall then meet validly in the presence of two of its members, at least one representative of the contracting authority.

2. The Committee on Contracts shall draw up minutes of its meetings. The opinions of the members of the committee on the evaluation of tenders must be reasoned and transcribed in the minutes of the meeting. The specific observations made by the members of the committee shall be recorded in the minutes.

Article 40.

1. Any person who has personally or through his or her spouse or ascendants or descendants a direct or indirect interest, in particular as a leader, partner or employee, in a company that is a candidate in a market examined by the The committee to which it belongs must make the declaration, withdraw from the committee and refrain from participating in any contract award operation.

(2) In addition to the open meetings for the opening of tenders and the counting of tenders, the committees of the markets shall deliberate in camera and these debates shall be subject to absolute secrecy. In addition, the members of the Committee on Contracts must respect the confidentiality of the information, in particular concerning the market and the candidates, of which they are aware, on the occasion of the exercise of the duties of a member of a committee of the Markets.

Section 5. -Collective consultation in case
Command centralization

Article 41.

On the proposal of the Minister for Finance, in relation to the relevant ministerial departments and after the opinion of the Body responsible for the regulation of public procurement, it may be established by order of the Prime Minister of a committee To coordinate certain orders of the State and public establishments in order to promote the development of consolidated purchasing procedures. The mission of the committee is:

1) to propose any measures that may
Improve certain supply and work orders, in particular through the establishment of procurement and work programmes by promoting the free play of competition;

2) examine the opportunities and opportunities to centralise certain orders at the stage of the call for competition.

Local authorities may, if necessary, use this procedure for the centralisation of purchases under the conditions laid down in this Decree, under the coordination of the representatives of the State.

Article 42.

When the Committee referred to above decides on the principle of grouping one or more orders, the contracting authorities grouped must give their agreement to the abovementioned Commission and commit themselves to contract under the same conditions fixed with the Candidate selected by the Minister responsible for finance, meeting their own needs. The preparation and procurement of these consolidated orders contracts shall be preceded by the establishment by the Minister of Finance of a procedure known as " Collective consultation ".

2. The person responsible for the contract of each member of the group shall sign the contract and ensure that he is properly executed in respect of the member of the group he represents. The contracting authorities may also agree to designate a coordinator who will be responsible for:

(a) to sign and notify the contract, the person responsible for the contract of each member of the group, in respect of that member, ensuring that the contract is properly carried out;

(b) sign the contract, notify it and execute it on behalf of all members of the group.

Chapter 2. -Candidates for contracts

Section 1. -Conditions to be met
To take part in the markets.

Article 43.

Not allowed to take part in public contracts, irrespective of the way in which the contract is awarded:

(a) natural persons in bankruptcy
Personal;

(b) the natural or legal persons admitted to the plan for the liquidation of property;

(c) natural or legal persons in a state of judicial remedy where the continuation of the activity is prohibited by decision of the Judge Commissioner;

(d) natural or legal persons who are temporarily or permanently barred from obtaining public orders resulting from a decision of the Committee for Settlement of Disputes under this Decree, a court decision or A legislative provision;

(e) the natural persons applying for
Executives of candidates who have
Is the subject of a conviction for a criminal offence connected with their professional activities or consisting of false or misleading statements as to the qualifications required of them for the performance of the contract;

(f) Persons who, on 31 December of the year preceding the year in which the launch of the consultation took place, did not subscribe to their tax and social declarations or did not pay the taxes, Taxes and contributions payable on that date;

(g) The persons referred to in Article 46 of the Public Procurement Code, who have not produced the certificate of qualification and the classification of undertakings, contractors and craftsmen of buildings and works;

The same applies to candidates for the defence and security contracts of the State, where the applicant is required to be qualified in advance according to either the qualification system of the contracting authority or that of bodies Third parties. If a qualification system established by a third body is used, the name of the system shall be communicated to the interested or interested candidates;

(h) public undertakings or agencies when they are subject to the technical supervision of the contracting authority. Only public undertakings which may establish:

I. They enjoy legal and financial autonomy;

Ii. They are managed according to the rules of commercial law; and,

Iii. They are not agencies that depend on the contracting authority.
The provisions of this Article shall also apply to subcontractors.

Section 2. -Information and rationale to be provided

Article 44.

Subject to the respect of its rights in the protection of intellectual or industrial property and the confidentiality of information concerning its activities, any candidate for a public procurement must justify that he has the capacity Legal, technical, financial and environmental requirements to carry out the contract, by submitting all appropriate documents and certifications listed in the appeal docket
Competition, including:

(a) a statement indicating its intention to apply for the completion of the contract and mentioning:

I. If it is a natural person, its name, quality, home;

Ii. In the case of a legal entity, its legal form, its name, its registered office, the name of the representative and the quality under which it acts;

Iii. Where applicable, the registration number in the register of trade and movable credit;

Iv. Where applicable, the registration number in the trade register;

(b) a note showing the candidate and indicating in particular his human and technical means, all relevant information on the activities and markets carried out in the same nature as the relevant market;

(c) certificates justifying, in accordance with the ministerial decree, that it has fulfilled its obligations with regard to the Social Security Fund, the Institut de Prévoyance Retraite du Sénégal (IPRES), the services responsible for the Tax recoveries and labour inspection;

(d) a certificate justifying the payment of the regulatory fees payable in respect of public contracts in the previous financial year;

(e) a statement on the honour certifying that it is not the subject of a procedure for the liquidation of personal property or bankruptcy;

(f) a declaration that it has become aware of the provisions of the Charter of Transparency and Ethics in Public Procurement, adopted by decree, and that it undertakes to respect them;

(g) the guarantee of submission, if any;

(h) information on the candidate's environmental protection expertise, if any;

(i) any other document to determine its financial capacity.

Failure to provide the guarantee of submission to the opening of the plies results in the rejection of the offer.

The documents provided for in paragraphs (a) to (f), and possibly (h) and (i), not provided or incomplete, shall be due within a time limit of not more than that specified by the Contracting Authority in order to make the provisional allocation.

For contracts relating to the defence and security of the State referred to in Article 76 of this Decree, the Contracting Authority may require candidates, in addition to the information indicated in this Article, to provide additional information concerning Their prior authorisation if this is required by a regulation in force, the composition of their shareholding, the added value created in the national territory, the implementation of their technological heritage, their industrial capacity on the Market realization site.

Article 45.
For the purposes of the provisions of Article 43 (f) and (c) and (d) of Article 44 of this Decree:

(a) shall be deemed to be in good standing the persons who, as at 31 December of the year preceding the notice of appeal to competition, paid their taxes, charges, penalties, contributions and charges for the regulation of public contracts Charged when these products were to be settled on or before the above date;

(b) are also considered to be in good standing, persons who, in the absence of payment as at 31 December of the year preceding the notice of appeal to competition, have between that date and the date of commencement of the award procedure Such sums shall consist of the guarantees deemed sufficient by the body or the accounting officer responsible for the recovery of the sums in question.

Article 46.
For the construction and public works contracts, the contractors and craftsmen of the building and public works are required to produce the certificate of qualification and classification prescribed by the decree on the qualification and the Classification of enterprises, contractors and craftsmen of buildings and public works.

2. In appeals to international competition, foreign candidates are exempt from providing a taxpayer's and NINEA account number and the certifications provided for in section 44. A iii and iv) of this Decree. However, they are required before settlement for any balance in their market to meet their obligations with respect to tax services, the Social Security Fund and the IPRES.

Section 3. -Groupings.

Article 47.

1. Candidates for public contracts may be grouped together in order to compete for public contracts in the form of groups of joint ventures or joint ventures, subject to the rules prohibiting Barriers to competition.

(2) The members of the group shall be spouses when each of its members undertakes to execute one or more parts of the market identified in respect of their nature and price, without incurring responsibility for the performance of the other parts of the Market. The members of the group are solidary when each of its members is engaged for the entire market.

3. The specifications may impose the form to be taken by the grouping in the event of the award of the contract to grouped undertakings and prohibit candidates from presenting for the market or one of its lots several offers, by acting at a time As individual candidates or members of one or more groups.

4. The composition of the grouping cannot be changed between the submission of applications and the conclusion of the contract.

5. Regardless of the form of the grouping, the members of the grouping shall appoint a representative who represents them vis-vis the contracting authority and coordinate the execution of the contract by the members of the grouping. If the contract so provides, the representative of the joint group shall be in solidarity with each of the members of the grouping for its contractual obligations vis-à-vis the contracting authority for the performance of the contract.

6. In the case of a consortium of joint undertakings, the submission shall indicate the amount and the detailed distribution of the benefits each member of the group undertakes to carry out. In the case of a group of enterprises in solidarity, the tender is a single document which indicates the total amount of the contract and all the supplies, services or works, which the members of the group undertake jointly and severally to carry out.

7. Applications and acts of undertakings shall be signed either by the representatives of each of the members of the grouping or by the representative if he justifies the clearances necessary to represent the members at the stage of the award of the contract.

Section 4-Subcontracting.

Article 48.

The holder of a public works contract or a public service contract may subcontract the performance of certain parts of the market up to a maximum of 40 % of its amount, making use of small and medium-sized enterprises as a priority Senegalese or small and medium-sized Community enterprises, provided that they have obtained prior agreement from the contracting authority.

In all cases, the holder remains fully responsible for the acts, failures and negligence of the subcontractors, their representatives, employees or workers.
In the case of a market in a local community or one of its public establishments, the market candidate who plans to subcontract at least thirty per cent (30 %) of the overall market value to a local enterprise will benefit A margin of preference which cannot be greater than five per cent (5 %), cumulative with the preference referred to in Article 50 of this Decree.

Article 49.
The approval of each subcontractor and, where applicable, the terms and conditions of payment of each subcontract shall be requested in accordance with the following procedures:

1. In the case where the request for subcontracting occurs at the time of the tender or the tender, the applicant shall, in that bid, provide the contracting authority with a statement mentioning:

(a) the nature of the benefits to be contracted out;

(b) the name, reason or name, address and technical references of the proposed subcontractor;

(c) the estimated amount of the amounts payable directly to the subcontractor;

(d) how these amounts are to be settled;

(e) the conditions of payment provided for in the draft contract of subcontracting and, where applicable, those for the revision of prices.

(2) Where the request is made after the conclusion of the contract, the holder of the contract shall either deliver against the receipt to the Contracting Authority, or send it by registered letter with a request for notification of receipt, a special declaration Containing the above information.

The holder must, moreover, establish that the debt obligation resulting from the contract does not preclude the direct payment of the subcontractor, by producing either the single copy of the contract issued to him or a certificate from the accounting officer Assignment of the expense.

Section 5. -Preferential schemes.

Article 50.

1. For contracts awarded on the basis of tenders, a preference shall be granted, of equivalent quality and of comparable delivery times, and provided that their tenders are not more than fifteen (15) per cent higher than that of the least saying, Workers'groups, worker cooperatives, groups and cooperatives of craftsmen, artists' cooperatives and individual craftsmen followed by the Consular Chambers, as well as the study and supervisory bodies Or approved funding. The same preference shall be given to candidates of Senegalese or UEMOA members and to candidates whose offers include only products of Senegalese origin or of countries which are members of UEMOA, in relation to candidates of non - Community.

2. Where the contracts are likely to be carried out, in whole or in part, by candidates meeting the characteristics referred to in paragraph 1
Of this Article, the specifications shall define:

-works, supplies or services which may be the subject of the right of preference;

-the conditions of preference granted and the method of evaluation and comparison of tenders which shall be followed in applying the provisions of this Article.

Article 51.
In order to benefit from the above preference, applicants must attach to the justifications provided for in Article 44 of this Decree a declaration by which they seek to benefit from those provisions, at the same time as they provide Any useful justifications for the exercise of their activities in Senegal or in a member country of UEMOA, on the Senegalese or Community origin of the products or their existence and their registration in accordance with the rules governing them Applicable.

Article 52.
Participation in appeals to competition and to contracts for benefits and supplies by direct agreement, the financing of which is provided for in the budgets of the contracting authorities listed in Article 2 of this Decree shall be reserved for the sole purpose of Senegalese and Community enterprises, regularly patted or exempted from the patent and registered in the register of trade and credit furniture or the register of trades in Senegal or in one of the Member States of UEMOA or enterprises States applying the principle of reciprocity.

However, the preceding paragraph shall be derogated from where the tender concerned cannot be satisfied by the undertakings mentioned above. Access to the markets concerned shall then be authorised to groups of Community undertakings with non-Community undertakings established in accordance with the provisions of Article 47 of this Decree.

Chapter 3. -General rules applicable
The procurement procedures.

Section 1. -Thresholds and application fields
Procedures.

Article 53.
For the application of the procedures described in this Title, account shall be taken of the following thresholds relating to the estimated value of the markets, including VAT:

1. As regards the markets of the State, local authorities and public institutions:

(a) 25.000.000 CFA francs for labour markets;

15.000.000 CFA francs for current service and supply contracts;

(c) 25,000,000 CFA francs for the intellectual benefit markets.

2. With regard to the markets of national companies, public limited public participation companies and agencies or other bodies having legal personality, referred to in Article 2.1 (d):

(a) 50,000,000 CFA francs for labour markets;

(b) 30.000.000 CFA francs for current service and supply contracts;

(c) 30.000.000 CFA francs for the intellectual benefit markets.

Article 54.
The calculation of the value of contracts for the purposes of the application of the thresholds laid down in this Decree shall be carried out in accordance with the following rules, irrespective of the number of suppliers, suppliers or contractors to whom it is called:

The value of a contract of work shall take into account the overall value of the work relating to the same operation, whether it contains one or more works. A work operation is characterized by its functional, technical or economic unit, to be implemented within a limited period of time and scope.

2. The value of a supply or service contract shall take into account the total value of the supplies or services which may be regarded as homogeneous either because of their own characteristics or because they constitute a Functional unit. The delimitation of a homogeneous category of supplies or services shall not have the effect of subtracting contracts from the rules normally applicable to them under this Decree.

The estimated value of contracts for supplies or services giving rise to repeated deliveries or achievements of goods or services shall be equal to the value of all supplies or services corresponding to the estimated requirements of the Duration of the contract or for a year, if the duration is longer than one year or is renewable.

4. The estimated value of contracts involving lots shall take into account the value, estimated as indicated above, of all lots, subject to the exceptions provided for in this Order.

5. Contracting authorities may not, under any circumstances, split the expenditure or underestimate the value of the contracts in such a way as to exempt them from the rules normally applicable to them under this Decree.

Article 55.
Subject to the application of certain specific procedures irrespective of thresholds as indicated in Chapter 6 below:

(a) Contracts whose estimated amounts are equal to or above the thresholds referred to in Article 53 of this Decree shall be moved under the conditions set out in this Title

(b) Contracts with amounts below the thresholds referred to in Article 53 shall be subject to requests for information and prices as described in Section 1 of Chapter 6 below.

Section 2. -Rules applicable to advertisements
And communications.

Article 56.

1. The contracting authorities are required to publish annually a general notice identifying the public contracts, the estimated amounts of which reach the thresholds referred to in Article 53 of this Decree, which they provide for Competition during the budgetary year on the basis of the procurement plan established in accordance with Article 6 of this Decree.

2. Each procurement by tender shall be preceded by a notice of public appeal to the competition, established in accordance with a standard model prescribed by regulation.

3. General notices of procurement and public notices of appeal shall be published on the official procurement portal and at least in a daily mass circulation newspaper. For contracts whose estimated amounts equal or exceed the Community thresholds for publication, the publication of the opinions may not take place before that carried out by the UEMOA in accordance with the conditions laid down in the Community directives on the Public procurement. For international tenders, public notices of appeal to competition are also included in a broad international publication.

4. General notices of procurement and public notice of competition may be advertised electronically other than the one referred to in the preceding paragraph. Such advertising shall then be complementary to that provided under the conditions laid down in this Article.

Article 57.
1. The communications and exchanges of information referred to in this Chapter shall be effected by public or private postal service or delivered by hand. The documents to be sent by the contracting authorities to the candidates as well as the offers or requests for participation addressed by the candidates to the contracting authorities may also, at the option of the Contracting Authority, be transmitted by Electronic means. These means must meet the conditions laid down in this Article.

2. Communications, exchanges and storage of documents and information shall be carried out in such a way as to ensure that all data and the confidentiality of tenders and requests for participation are preserved and that the authorities Contracting Parties shall not be aware of the content of tenders and requests for participation until the expiry of the time limit for the submission of tenders.

3. The tools used to communicate by electronic means, as well as their technical characteristics, must be non-discriminatory, readily available to the public and compatible with the technologies Information and communication generally used. The devices for the transmission and electronic receipt of documents may be used in a procurement procedure only if they meet the technical characteristics, including encryption and electronic signature, fixed The regulation in force on electronic transactions.
Section 3. -Competition record.

Article 58.
1. The competition file contains all the documents and documents necessary for the consultation and information of the candidates in accordance with the procedure chosen, namely:

(a) the documents relating to the conditions of the call for competition: the reference to the notice of invitation to tender or the notice of call for applications, or the letter of consultation, as well as the rules of procedure, unless the information contained in The notice of appeal to competition is sufficient in respect of the procedure and the contract concerned;

(b) the constituent parts of the future market,
Project, date of submission, workbook
Special requirements, general administrative clauses, technical clauses
General, other parts required according to the subject of the market;

(c) information provided by the contracting authority as an indication in order to facilitate the preparation of their offers by the candidates, who are not constituent parts of the contract.

2. Competition file projects in respect of contracts meeting the conditions of the amount or subject matter set out in the Order of the Minister responsible for Finance shall be submitted to the Directorate for the Control of Public Procurement, in accordance with The provisions of Title VI of this Decree.

3. The competition file shall be given to candidates free of charge or under financial conditions set out in the notice of appeal to competition or in the letter of consultation.

Where the competition file is not provided free of charge, these financial conditions must be set so as not to exceed the costs incurred in reproducing it and giving it to the candidates. However, in the latter case, a copy of the file must be available for free on-site consultation by the candidates who wish to do so.

Section 4-Bid Evaluation Criteria.

Article 59.
1. The determination of the lowest bid is made either on the basis of the lowest price or on the basis of the price and other criteria, such as the cost of use, technical performance, environmental protection measures, The delivery or enforcement period, which must be listed in the competition file and be expressed in monetary terms or in the form of qualifying criteria.

Where appropriate, account shall be taken of the preferences referred to in Article 50 of this Decree.

2. The qualification of the candidate who has submitted the lowest evaluated bid in relation to the required legal, technical, environmental and financial capacity is examined independently of the content of his offer, in the light of the justification he has Subject to the provisions of Section 2 of Chapter 2 of this Title.

3. Variants may be taken into account for the classification of tenders only if such an option has been expressly mentioned in the notice of appeal to competition and the competition file. Only the variant of the tenderer who proposed the basic tender evaluated to be compliant and less disante can be taken into account.

4. The Committee on Competent Contracts may, by reasoned decision, reject an offer which it considers to be abnormally low, if it determines that its amount does not correspond to an economic reality in relation to the provision offered, after having requested the Candidate all relevant details concerning in particular the details of the prices.

The candidate may justify his or her prize in particular by:

-the economy resulting from the technical solutions or processes adopted;

-exceptionally favourable conditions for the applicant to carry out the work or to provide the goods or services;

-the need to use resources which otherwise would remain inactive.

Chapter 4. -Calls for tenders.

Section 1. -Common rules
Call for tenders.

Subsection 1. -Types of tenders.

Article 60.
1. The invitation to tender is the procedure by which a contracting authority awards the contract without negotiation, after an appeal to competition, to the candidate who submits the lowest-priced compliant bid, based on quantified criteria in terms of Prior to the knowledge of the candidates, which brings together the qualification criteria also referred to in the competition file.

2. The invitation to tender may be open or restricted. It is said to be open when any candidate can submit an offer, and restricts when only the candidates who have been directly invited by the contracting authority can submit an offer. The open call for tenders may include a pre-qualification phase.

The open invitation to tender constitutes the mode of award of contracts to which the contracting authorities must apply in principle. This principle can only be waived in accordance with the conditions laid down in this Decree.

4. The invitation to tender may also be organised in two stages, in accordance with the conditions laid down in this Decree, with a view to the first time specifying the criteria or technical solutions to which the tenders will have to respond, and then in a Second, to award the contract on the basis retained by the contracting authority.

The invitation to tender may be organised on a competition between the men of the art or the companies qualified for the preparation of a project, a supply or a work where technical, aesthetic or financial reasons justify Specific research.

Subsection 2. -Presentation of tenders.

Article 61.
The tenders shall be submitted in the form of a tender, as indicated in Article 11 of this Decree, drawn up in one original by the candidates for contracts, together with the number of copies referred to in the specifications. They must be signed by the candidates who present them or by their duly authorised representatives. The same person may not, under pain of rejection, submit more than one offer.

Article 62.
Candidates may be expected to submit an offer with alternatives to the specifications of the specifications that are not designated as minimum requirements. A variant can only be proposed with a basic offer. The minimum requirements to be complied with, as well as the terms and conditions for the submission of variants, must be indicated in the Notice of Appeal to Competition and in the Competition Appeal File.

Subsection 3. -Timeframes and modes
For submission of tenders
And applications.

Article 63.
1. In fixing the time limits for the receipt of tenders and requests for participation, the contracting authority shall take into account in particular the complexity of the contract and the time required to prepare the tenders, without prejudice to the minimum time limits set by the This article.

2. In open tendering procedures, with or without qualification, or restricted invitations to tender, the minimum period for the filing of tenders or applications shall be 30 calendar days from the date of publication of the notice of appeal to the Competition, in the case of national tenders. This period shall be 45 calendar days in the case of international tenders and contracts whose estimated amounts exceed the Community thresholds defined by the UEMOA.

3. In the tender procedures in two stages, the minimum period of receipt of applications or applications for participation shall be 45 calendar days from the date of publication of the notice of call for applications.

4. A five-day reduction in the deadline for receipt of tenders, applications or requests for participation is possible where the contracting authority offers, by electronic means and from the publication of the notice, free access, Direct and complete to the competition file and any supporting documents, indicating in the text of the notice the Internet address to which these documents may be consulted, provided that this method of access to the information responds to the Conditions referred to in Article 57.3.

Subsection 4. -Unsuccessful tenders
And calls for tenders without further action.

Article 64.

1. The contracting authority, after consulting the Directorate responsible for the control of public procurement, may declare an unsuccessful call for tenders where, in the opinion of the competent procurement committee, no tenders have been submitted on expiry of the The deadline for the submission of tenders or where it has been proposed only non-compliant or non-compliant offers, although all the conditions for the success of the call for competition have been met.

2. In this case, the contracting authority shall immediately notify all candidates. It may then proceed either to a new tender or, if the initial conditions of the contract are not amended, to a restricted invitation to tender in accordance with Articles 73 and 74 of this Decree.

Article 65.
The contracting authority may, after consulting the Directorate for the control of public procurement, not follow up on a call for tenders on grounds of general interest, such as the disappearance of the need which was the origin of the procedure Or bid amounts that are too high relative to the estimated value of the contract.

Section 2-Open invitation to tender.

Subsection 1-Notice of Call for Bids.

Article 66.
1. An open invitation to tender shall be brought to the public's knowledge by the publication of a notice of public appeal to competition, in accordance with the conditions laid down in Article 56 of this Decree.

2. The notice of invitation to tender established in accordance with
To the model specified by the decision of the Body for the Regulation of Public Procurement, at least:

(a) the purpose of the contract;

(b) the place and date on which the specifications or the manner in which such documents are to be obtained can be read;

(c) the place and the closing date for the receipt of tenders;

(d) the period during which the candidates remain engaged in their tenders;

(e) the justification to be given for the qualifications and abilities of the candidates;

(f) the amount of the guarantee of submission to be established;

Additional information may be requested from the person responsible for the contract ten (10) days at the latest by the deadline for the submission of tenders. In this case, the answers must be
Sent no later than five (5) days prior to the deadline for the submission of tenders. Otherwise, the opening is deferred to a date permitting the contracting authority to provide the information.

All candidates who have withdrawn from the competition file must be addressed by the person responsible for the contract.

Subsection 2. -Opening of the folds.

Article 67.
1. At the expiry of the deadlines for the submission of tenders, the Committee on Contracts shall be responsible for opening the tenders. Only the bends received by the deadline for the submission of tenders may be opened.

2. Bends shall be opened in open meeting in the presence of the members of the Committee on Competent Contracts on the date and time limits for the submission of tenders specified in the tender file or on the date specified in the case of postponement. Bends received after the deadline must be returned to the candidates without having been opened.

3. All candidates who have submitted tenders are authorised by the contracting authority to attend or be represented at the opening of the tenders. Candidates or their representatives who are present shall sign a register attesting to their presence. Representatives of the funding agencies may also attend the opening of the bends or be represented. This option is mentioned in the notice of invitation to tender.

4. The name of each candidate, the amount of each offer, the presence or absence of a guarantee of submission, the possible discounts as well as any other information that the contracting authority may deem useful to make known, are read aloud When opening the bends. At the end of the operations to open the bends, this information shall be recorded in a record signed by the members of the Committee on Contracts present and distributed to all candidates.

5. Within the framework of the procedures which are characterised by a limited consultation of candidates, in particular in the case of a pre-qualification, a restricted invitation to tender or a tender in two cases, where a minimum of three folds has not The Contracting Authority shall open a new time limit which may not be less than fifteen (15) working days and shall be made known to the public. At the end of this new period, the Commission on the opening of the bends may carry out the counting operations, irrespective of the number of tenders received.

It shall bring to the attention of the public the new deadline for submission of tenders. At the end of this new deadline, the Committee on Contracts may proceed with the opening of the bends, regardless of the number of tenders received.
Subsection 3-Admissibility, analysis, evaluation and comparison of offers.

Article 68.
Before proceeding with the analysis, evaluation and comparison of tenders, the competent contracts committee shall carry out a preliminary examination, in order to determine whether the applications are admissible under Article 43 and are Accompanied by the documents referred to in Article 44, and reject the non-responsive tenders.

The Commission then determines whether the tenders comply with the terms and specifications of the specifications.

Article 69.
There can be no negotiation with the candidates and no changes to the offers or prices or conditions of competition can be requested, offered or authorized. The Commission may, however, correct the purely arithmetical errors discovered during the examination of tenders and may ask the candidates to specify the content of their offers in order to facilitate their examination, evaluation and comparison. This request must be made in writing in strict compliance with the specifications. The reply must also be sent in writing.

Article 70.
The Commission then carries out a detailed assessment according to the criteria established in accordance with Article 59 of this Decree, referred to in the competition file. It shall propose to the contracting authority within a maximum period of fifteen (15) days from the opening meeting of the plies, the award of the contract to the candidate who has the lowest rated compliant offer and who is recognised to meet the criteria of Qualification referred to in the competition file. Exceptionally, this period may be extended within the maximum of ten (10) days, upon the reasoned request of the Contracting Authority addressed to the Directorate responsible for
Control of public contracts.

Section 3-Call for tenders
With pre-qualification.

Article 71.
1. The open call for tenders may be preceded by a pre-qualification in cases of important or complex work or, exceptionally, supplies of material to be manufactured on order or specialised services.

2. Pre-qualification of candidates is carried out solely on the basis of their ability to perform the contract satisfactorily and according to the following criteria:

(a) references to similar markets;

(b) the material and human resources available to the candidates to carry out the contract;

(c) financial capacity.

3. A public notice of appeal shall be published in accordance with the conditions and deadlines laid down in Articles 56 and 63 of this Decree. This notice lists the information that candidates will be required to submit in support of their application and specifies the deadline for submission of applications.

4. Applications shall be submitted to the Contracting Authority by any means enabling the determination of the date and time of receipt and the confidentiality of the elements contained therein.

5. At the end of the date and time limit for the submission of applications, the person responsible for the contract shall be responsible for opening them. Applications received no later than the date and time limit for the submission of tenders may be opened.

The opening of the candidature files is public and takes place in the presence of the competent contracts committee. The person responsible for the contract shall record the contents of the candidature files in the minutes of the opening session, which shall be signed by all the members of the committee.

6. The Committee on Contracts examines the justifications for their qualifications, provided by the candidates on the basis of the criteria set out in the notice of public call for applications, and draws up a verbatim record of the applications to which it is attached A list of pre-qualified candidates. The contracting authority may require a pre-qualified supplier or contractor to confirm its qualifications in accordance with the criteria used for the pre-qualification of the supplier or contractor. It disqualifies any supplier or contractor who does not confirm his qualifications when requested. It shall promptly notify each supplier or contractor requested to confirm its qualifications if it considers satisfactory the justifications it has submitted.

7. As soon as it has drawn up the list of pre-qualified candidates, the contracting authority shall, by letter, notify unsuccessful candidates of the result of the counting of the pre-qualification applications. It shall, at the same time and in writing, send to all pre-qualified candidates an invitation to tender their offers and a competition file. It shall communicate to any candidate who requests it in writing the reasons for the rejection of the application.

8. Letters of invitation to submit an offer must be sent to the candidates at least thirty days before the date fixed for the submission of tenders. This period may be reduced to at least 15 days, in the event of a duly justified emergency resulting from unforeseen circumstances for the contracting authority and which are not attributable to it, incompatible with the time limits normally required by the Procedure.

9. The opening and examination of the tenders submitted, together with the determination of the lowest evaluated tender, shall be carried out in accordance with the conditions laid down in Articles 67 to 70 of this Decree.

Before the award, the Committee on Contracts
Ensure that the candidate with the lowest rated compliant bid always meets the criteria
Of the qualifications mentioned in the application for
Proposal.

Section 4-Open Tendering
In two steps.

Article 72.

1. In the case of contracts of great complexity or where the person responsible for the contract wishes to make his choice on the basis of performance criteria and not detailed technical specifications, the contract may be awarded In two steps.

The use of the tender procedure in two stages must be justified and subject to the prior opinion of the body responsible for the prior checking of public contracts.

2. Applicants are first invited to submit technical proposals, without a price indication, on the basis of general principles of design or performance standards, and subject to further technical clarifications and adjustments As well as commercial.

In this first step, the contracting authority must ensure the equal treatment of all candidates. In particular, the contracting authority must refrain from discriminating information that might favour certain candidates in relation to others or disclose to other candidates the proposed solutions or other candidates. Confidential information provided by a candidate without the candidate's consent.

When it has identified the solution (s) that are likely to meet its needs, the contracting authority informs the candidates of the end of this first step.

3. In the second stage, applicants are invited to submit final technical proposals with prices, on the basis of the competition file established or revised by the person responsible for the contract according to the Information gathered during the first phase.

4. The surrender, opening and examination of the proposals, together with the choice of the lowest evaluated tender, shall be carried out in accordance with the conditions laid down in Articles 67 to 70 of this Decree.

Section 5. -Restricted invitation to tender.

Article 73.
1. The invitation to tender is restricted when only the candidates who the person responsible for the contract has decided to consult can submit tenders.

2. A restricted invitation to tender may be made only after the opinion of the management responsible for the a priori control of public contracts and in the following cases:
(a) contracts for which, due to the special circumstances, prompt action by the contracting authority is necessary, justifying the reduction of the deadlines for receipt of applications and offers, in order to prevent a danger or delay For a preliminary ruling which is not caused by the contracting authority. In this case, the deadline for receipt of tenders shall be at least ten (10) days for the national tender and twenty-one (21) days for the international tender.

The contracting authority must give reasons for the objective nature of the urgency and the impossibility of meeting the normal deadline;

The emergency situation must be mentioned in the invitation letter.

(b) Contracts for works, supplies or services that are carried out only as research, testing, experimentation or development;

(c) Contracts to be carried out by the contracting authority in place of the defaulting holders and their costs and risks;

(d) The contracts that resulted in an unsuccessful call for tenders.

Article 74.
1. The contracting authority shall be required to put in competition in writing a number of candidates to ensure genuine competition and which cannot be less than three.

2. The written consultation consists of a letter of invitation to submit an offer, addressed by the contracting authority simultaneously to the candidates
Selected, together with the appeal case to the
Competition and additional documents, the
Where applicable. The consultation letter shall include at least:

(a) the address of the service with which the competition file and the additional documents may be requested and the deadline for submitting that application and the amount and manner of payment of the amount to be paid; Possibly paid to obtain these documents;

(b) the date of receipt of the offers and the address to which they are transmitted;

(c) a detailed indication of the documents to be included in order to justify bidding;

(d) the terms of payment.

The tenders submitted by the candidates shall be opened by the competent contracts committee in open session and the contract shall be awarded as in the case of open invitation to tender.


Section 6. -Calls for tenders with competition.

Article 75.

1. The state, local authorities, public institutions, agencies and other public bodies, national companies and public limited companies with majority public participation may contest between the men of the art or the Qualified firms the establishment of a project, supply or structure where there are technical, aesthetic or financial reasons for specific research.

The competition shall take place on the basis of a programme drawn up by the Contracting Authority indicating the requirements to be met by the performance and, where appropriate, the maximum of the expenditure foreseen for the execution of the project.

The programme of the competition determines the conditions to be met by the projects, in particular with regard to the costs incurred, the time limits in which the projects must be exposed, the awards, rewards or benefits allocated to the projects. Authors of projects classified by a commission appointed for that purpose by the authority having organised the competition.

2. The person responsible for the contract reserves the right to have all or part of the projects carried out by amicable purchase or after expertise a license to use for his or her own use of the patents, designs or designs contained therein.

However, the programme of the competition may, after the opinion of the Directorate responsible for the control of public contracts, provide for the benefit of the project author that this programme will indicate either an option for the execution of the project or for the first orders, A royalty on the objects manufactured using the licence, or compensation in lieu of the licence.

In the absence of agreement on the conditions for the implementation of the projects referred to in the preceding paragraph, the authors of the award-winning projects may withdraw their projects by giving up the prize and the market.

The benefits are examined by a jury whose members are appointed by the authority which launches the competition after the opinion of the Body responsible for the a priori control. At least one third of the members of the jury shall be made up of persons with expertise in the subject matter of the competition.

The results of each competition shall be recorded in a record by the jury, which shall give a reasoned opinion on all the circumstances of the operation.

The projects of the unsuccessful competitors are returned to them.

Chapter 5. -Past contracts
By direct agreement.

Article 76.
Contracts are entered into by direct agreement where the contracting authority directly engages in discussions with one or more economic operators and assigns the contract to the candidate selected by the contracting authority.

A direct contract may only be entered into with contractors, suppliers or service providers who agree to be subject to specific price controls during the performance of the benefits.

No contract can be entered into by direct agreement until after:

Authorisation of the Directorate for the Control of Public Procurement in the following cases:

(a) for contracts designed to meet needs which, for reasons relating to the holding of an exclusive right, can only be satisfied by a specified co-contractor;

(b) for supplies, services or works which supplement those which have been the subject of a first contract executed by the same holder, provided that the initial contract has been awarded in accordance with the tender procedure and the supplementary contract Covers only supplies, services or works which are not included in the original contract concluded but which have become necessary, following an unforeseen and external circumstance to the parties, and such supplies, services or works May be technically or economically separated from the main market. The cumulative amount of supplementary contracts shall not exceed one third of the amount of the main market, including the supplementary contract.

2. Advice from the Procurement Control Directorate in the following cases:

(a) For contracts of works, supplies or services considered to be secret or whose performance must be accompanied by special security measures where the protection of the best interests of the State so requires.

The following are considered secrets:

(i) contracts for supplies, services and past work to meet the needs of the national defence and relating to:

-Contracts for supplies and services for the design, testing, testing, implementation, acquisition, operational maintenance, use or destruction of weapons, munitions and war materials;

-Contracts for supplies which have as their object the realization of demonstrators or prototypes of weapons, munitions or war material;

-The supply contracts for the components, the tools, the consumables and the means of assessment and testing, specifically designed for the manufacture, use or maintenance of weapons, ammunition and War materials or the use of weapons, ammunition and war materiel, or contributes to their military effectiveness;

-Service contracts which have a direct link to the military strategy or the use of weapons and which have as their object either exploratory studies and technical-operational studies relating to future equipment, biological studies, Medical, hydrographic or prospective studies;

-Contracts for works directly related to the implementation, employment, maintenance and evaluation of weapons, munitions and war materials;

(ii) contracts for supplies, services and work:

-for civil defence purposes. These contracts cover benefits to ensure public order, the material and moral protection of persons and the safeguarding of facilities and resources of general interest, as well as support for the maintenance or restoration of freedom Action by the military authorities throughout the territory;

-relating to past national security in order to prevent a threat, in particular terrorist threats, and more generally providers, who by virtue of their benefits, access information or sensitive areas for which disclosure could be made Damage to the security and safety of the state and its scientific and economic potential. These contracts include the work that must be carried out in the presidential area, particularly in the Office of the President of the Republic, at the Palais de la République and its annexes.

-contracts awarded under an agreement
International participation of Senegalese troops in peacekeeping operations;

(b) Contracts for which, the imperative urgency, resulting from unforeseen circumstances, irresistible and external to the authority, is not compatible with the time limits and formal rules required by the open or restricted tender procedure;

(c) contracts awarded as part of the general mobilization and warning measures.

For the contracts referred to in paragraphs (b) and (c), the body responsible for the control of public contracts shall so notify within twenty four hours. This time limit, in order to continue the procedure, the contracting authority must refer to the Prime Minister who decides whether or not to continue the proceedings.

In all cases, in the event of a negative opinion issued by the DCMP, the contracting authority, which informs the Prime Minister, may proceed with the procurement process only by entering into the Dispute Settlement Committee. Regulation of public procurement of a reasoned request, together with the contested opinion, a copy of which is transmitted to the Prime Minister.

The Prime Minister may certify by written notification to the Body responsible for the regulation of public contracts and to that responsible for the control of public contracts that, for reasons relating to the exceptional circumstances of the case involving On overriding grounds of general interest, the award of the contract must be continued immediately.

Article 77.
1. For contracts classified as secret, an order of the Minister responsible for the Armed Forces sets out the conditions under which the protection of secrecy and information concerning national defence and the security of the State shall be ensured throughout the Procurement and contracting procedures.

2. The Contracting Authority shall specify, in
Market documents, measures and requirements necessary to ensure the security of information.

The offer includes the commitment of the tenderer and the subcontractors to preserve in an appropriate manner the confidentiality of all information classified in their possession or which they would come to read before, during and after Market performance.

The tenderer shall:

-indicate in its tender any part of the market that it intends to subcontract to third parties and all
Proposed subcontractor as well as the subject-matter of subcontracts for which the latter have been
Proposed, and/or

-indicate any changes at the level of the subcontractor during the performance of the contract.

The contracting authority may reject the subcontractors selected by the tenderer at the stage of the main contract award procedure or by the holder of the contract at the time of the performance of the main contract. In the event that a subcontractor is rejected, the contracting authority must provide the tenderer or the holder with a written justification stating the reasons why it considers that the subcontractor does not meet the criteria.

Any percentage of subcontracting within the 40 % limit laid down by Article 48 of this Decree by the Contracting Authority shall be deemed to satisfy the subcontracting requirement referred to in this Article.

3. The contracting authority shall specify in the contract documents its requirements for security of supply. To this end, the contracting authority may require the tenderer of the contract:

(a) the certification that the bidder is able to meet its export obligations,
Transfer and transit of goods related to the contract;

(b) the certification that the organization and location of the bidder's supply chain enable it to meet the security of supply requirements;

(c) the commitment of the tenderer to put in place and/or maintain the necessary capacity to cope with a possible increase in the requirements of the contracting authority as a result of a crisis situation, in accordance with arrangements to be agreed;

(d) the commitment of the tenderer to the maintenance, modernisation or adaptations of the supplies;

(e) the commitment of the tenderer to provide all the specific means necessary for the production of spare parts, components, assemblies and special testing equipment, including technical plans, authorisations and Instructions for use in the event that they are no longer able to provide them.

The Contracting Authority shall establish each year a statistical statement specifying the number, the value of the contracts awarded and the name of the contractor. The statistical status relates separately to the supply, service and work markets.

The statistical status referred to in the preceding paragraph shall be transmitted to the Directorate for the Control of Public Procurement, which shall carry out the task of collecting and analysing the data and the compilation of statistics on public contracts. A copy of the statistical statement shall be transmitted by the Contracting Authority to the Body responsible for the regulation of public procurement.

Only data on the number and value of contracts appearing on the statistical state can be published.

5. With the exception of the defence and security contracts of the State subject to the procedure described in the preceding paragraphs, contracts awarded by direct agreement shall give rise to a detailed account of the procurement and enforcement procedure Established by the contracting authority and communicated to the Prime Minister and the body responsible for market regulation.

6. With the exception of contracts classified as secret, contracts awarded in accordance with the preceding subparagraphs shall be systematically included within the scope of the annual independent audit commissioned by the body responsible for the regulation of public contracts at the end For each fiscal year.

7. The body responsible for the regulation of public contracts shall keep a detailed account of the contracts entered into by direct agreement in its annual report.
The use of the procurement procedure provided for in this Article shall be limited to the strictly necessary benefits, in order to deal with the situation imposed by the urgency of the urgency found or the measures necessitated by the decision of General mobilization or warning.

Chapter 6. -Specific procedures.

Section 1. -Application procedure
Information and pricing.

Article 78.
1. The Contracting Authority may not use one of the tender procedures provided for in Chapter 4 of this Title for works, supplies or services whose estimated value is below the thresholds set out in Article 53 of the present Decree. The procedure for requesting information and prices must then be used.

In this case, subject to the application of other specific procedures or rules provided for in other legislative or regulatory provisions, the Contracting Authority shall:

-freely chooses the methods of advertising adapted to the amount and nature of the market;

-simultaneously solicit, in writing, prices from at least five (5) companies by defining the nature of the benefits sought and referring to standards to the maximum extent possible;

-must ensure that candidates have the capacity to carry out the contract, including the legal plan;

-award the contract to the candidate presenting the lowest-priced compliant bid and draw up a record of the award and inform the candidates whose tenders have not been accepted.

3. The markets concerned give rise to:

(a) free form written contracts. By way of derogation, orders in accordance with the amount and nature conditions specified by order of the Minister responsible for finance may be dispensed in writing and give rise to settlement on memoirs or invoices;

(b) to be published on the public procurement site as soon as they are awarded when the amount of the contract reaches the thresholds laid down in the order referred to in the preceding paragraph; for that purpose, the contracting authority shall communicate to the body responsible for the control of Public contracts, which provides for the collection and analysis of data and the compilation of statistics on public procurement, the list of persons consulted, the name of the contractor and the nature and amount of the contract.

Section 2. -Specific provisions
Community-based contracts
Rural and some municipalities.

Article 79.
Contracts awarded by rural communities, irrespective of their size, and by municipalities whose budget does not exceed a threshold established by the Minister responsible for finance, may be subject to reduced procedures, including In accordance with the principles laid down in this Decree and in accordance with the arrangements laid down by order of the Minister for Finance.

Section 3-Specific provisions
The intellectual benefit markets.

Article 80.
The intellectual services contracts give rise to a pre-selection of the candidates admitted to submit an offer, and are awarded after the competition of the short-listed candidates under the conditions set out below.
The list of pre-qualified candidates shall be drawn up following a public call for expression of interest published in accordance with the conditions and deadlines laid down in Articles 56 and 82 of this Decree. The candidates shall be selected by the competent contracts committee on the basis of their ability to carry out the benefits of the contract and classified on the basis of the criteria published in the call for expression of interest bearing the indications Article 82 of this Decree.

Where a minimum number of three candidates is not met on the date of receipt of tenders or after evaluation, the contracting authority shall open a new period which may not be less than fifteen (15) working days and that it is to the knowledge of Public.

2. The contracting authority shall send a request for proposal to the first three candidates selected at least. As such, they receive a consultation package that includes the terms of reference, a letter of invitation indicating the selection criteria and their detailed application, and the proposed contract. The consultation file also indicates the exclusions to future participation in the contracts of works, supplies and services that would result from the benefits being consulted.

3. Where the estimated amount of the benefit is less than the thresholds set out in Article 53, the Contracting Authority may not make a formality of advertising and invite five claimants directly to submit a proposal.

4. The submission of proposals shall be in the form of a single envelope containing two separate and sealed envelopes containing respectively the technical offer and the financial tender.

5. The opening of tenders is carried out in two days. As a first step, the technical offers are open and evaluated according to the defined criteria. In the second stage, only the tenderers who submitted the technically qualified and compliant tenders will see their financial offers open.

6. Other financial offers are returned to unqualified bidders without being open.

7. The evaluation of proposals and the designation of the contractor shall be carried out in all cases:

-either on the basis of the technical quality of the proposal, resulting in particular from the experience of the applicant, the qualifications of the experts and the proposed method of work, and the amount of the proposal;

-either on the basis of a predetermined budget for which the candidate must propose the best possible use;

-either on the basis of the best financial proposal submitted by candidates who have obtained a minimum technical note;

-in cases where the benefits are of exceptional complexity or of considerable impact, or where they would give rise to proposals which are difficult to compare, exclusively on the basis of the technical quality of its Proposal. In the latter case, the execution of the contract must give rise to a price control.

8. The contract can then be negotiated with the successful candidate. Under no circumstances can negotiations be conducted with more than one candidate at a time.

Section 4-Specific provisions
Contracts involving the performance of the public service.

Article 81.
1. Subject to specific legislative or regulatory provisions to the contrary:

(a) the conventions of public service delegations and the partnership contracts referred to in Article 10 of the Code of Obligations of the Administration shall be awarded in accordance with the principles set out in this section and,

(b) the provisions relating to the control of contracts and penalties for non-compliance with the regulation of public contracts, provided for in Title VI and VII of this Decree, shall apply to such contracts and conventions.

2. The opinion of the Directorate responsible for the control of public contracts on the procedure for the award of the delegation agreement or the partnership agreement is required in all cases on the basis of the competition file and a report An opportunity established by the contracting authority. In particular, the opportunity report highlights:

(a) the organisation and management of the relevant public service, if any, including possible malfunctions and tariffs;

(b) the desired evolutions of the current service or the characteristics of the service to be created, in particular investment, benefit levels and tariffs;

(c) the type of delegated management envisaged or partnership desired, its comparative advantages and the main features of the delegation agreement or partnership agreement, in particular its duration.

The statements or coins required in the field of budgetary allocation, of accounting officer of payments and of proof of existence of appropriations, are adapted to take account of the financial conditions of the delegation of service agreement Public or the partnership contract.

3. Subject to the exceptions referred to in this Article, the conventions of public service delegations and partnership contracts shall be through an open invitation to tender with pre-qualification or tender in two stages, depending on the Complexity of the project, in accordance with the provisions of this Order. The selection is made in a single step when the contracting authority is able to define the detailed technical specifications and performance criteria or the specific performance indicators for awarding the contract.

4. Notices of appeal or applications shall be published in accordance with the conditions laid down in Articles 56 and 57 of this Decree. The deadline for submission of tenders or proposals may not be less than 45 days from the date of publication.

5. The contracting authority may use the procedure for direct contracting in the following cases:

(a) where, in the case of extreme urgency, established by the Directorate for the Control of Government Procurement, requiring an immediate intervention to ensure the continuity of the public service, it is not possible to make an appeal to the That the Contracting Authority cannot provide such continuity; in this case the duration of the agreement thus concluded must take account of the remaining duration of the agreement previously concluded;

(b) where only one source is able to provide the requested service.

6. The conditions for the implementation of the provisions specific to contracts involving the performance of the public service are laid down in regulations made pursuant to the provisions of this Section 4.

Section 5. -Specific provisions
Expressions of interest.

Article 82.
1. The contracting authority may use the expression of interest to pre-select candidates in the context of the intellectual services contracts.

The public notice of expression of interest shall contain at least the following indications:

-Name and address of the Contracting Authority;

Main activities of the contracting authority;

-Conditions for participation, including legal status, technical capacity, economic and financial capacity;

-Screening criteria;

-Deadline for submission of tenders;

-The address to which the offers should be sent.

The minimum period of reply shall be fifteen (15) days from the date of publication of the notice of expression of interest.

The contracting authority shall draw up a short list of pre-qualified candidates because of their ability to perform the benefits provided for.

2. A notice of call for expressions of interest may also be made for the establishment of a database of contractors, suppliers and service providers whose terms and conditions are laid down by order of the Minister for Finance.

Chapter 7. -Completion of the procedure
Of the award.

Section 1. -Award decision.

Article 83.
The competent contracts committee shall, within three days after the end of its evaluation work, draw up a record in which it relates the circumstances of its analysis, including the reasoned position of each of its members and makes A proposal for the classification of tenders, which cannot be made public nor communicated to candidates or anyone who is not qualified to participate in the evaluation procedure.

2. The proposal for an award, including the minutes accompanied by the specifications and documents constituting the lowest-priced compliant bid, shall be addressed to the contracting authority. If the contracting authority does not approve the proposal of the Committee on Contracts, it shall forward within three working days the proposal for the award of the committee and its own reasoned proposal to the Committee on Contracts and to the Directorate for the control of public contracts. In accordance with the conditions laid down in Article 140 of this Decree, the contracting authority, even if it does not call into question the proposal of the Committee on Contracts, shall forward the proposed award to the Directorate for Contract Control Public notices.

3. The decision of the Contracting Authority concerning the proposed award shall be made within three (3) working days following the date of the decision of the Contracts Committee or the opinion of the Directorate for the Control of Public procurement. Upon approval of the award proposal, the contracting authority shall immediately notify the other candidates of the rejection of their tenders, return the tender guarantees and issue a notice of provisional award.

4. If the contracting authority does not accept the recommendations made by the Directorate for Public Procurement in one of the above cases, it may refer the matter to the Dispute Settlement Committee close to the Regulatory Body Public procurement within three (3) working days of receiving these recommendations. The Dispute Settlement Committee shall decide within seven (7) working days of receipt of the request.

Section 2-Signature, approval, notification and publication of the Final Award Notice.

Article 84.
Contracts shall be transmitted to the person responsible for the contract for signature, within a minimum period of 15 days following the publication of the notice of award referred to in Article 83 of this Decree. The signed contracts shall be subject to the approval of the authorities referred to in Article 29 of this Decree, according to their amounts.

The refusal to approve the market by these authorities can only take place in the absence of the document attesting to the existence of sufficient appropriations.

Otherwise, the approval of the contract may be refused only by a reasoned decision, made within thirty (30) days of the transmission of the approval file and subject to appeal to the Committee for Settlement of Disputes referred to in the Article 89 of this decree, by any party to the contract.

Article 85.
Contracts regularly concluded shall be forwarded to the Directorate for the Control of Public Procurement for registration prior to their notification to the contractor by the contracting authority.

The notification shall consist of a remission to the holder against receipt or by registered mail with acknowledgement of receipt or by any means allowing to give date certain to that shipment. The date of notification is that of the receipt or receipt.

The contract shall have effect vis-à-vis the tenderer only from the date of its notification. Unless otherwise specified in the contract, the date of notification shall constitute the starting point for contract time-limits for the contract.

Within fifteen (15) days of the notification of the contract, the contracting authority shall publish a notice of final award.

Section 3-Advertising of the award
And information to candidates.

Article 86.
The notices set out in the notices of allocation referred to in Articles 83 and 85 of this Decree shall be specified by a decision of the Body for the Regulation of Public Procurement. The notices of award shall be published under the same conditions as the notices of appeal to competition.

Article 87.
1. The person responsible for the contract shall communicate in writing within five (5) working days from the receipt of a written request to any rejected candidate, the reasons for the rejection of his application or offer.

2. The person responsible for the contract must also inform, in writing, the candidates who make the written request, the reasons which led him not to award or notify the contract or to repeat the procedure, within five (5) days Upon receipt of the request.

3. The person responsible for the contract may not disclose to a candidate information whose disclosure would be contrary to the law or would prejudice the legitimate commercial interests of other candidates by revealing non-public information On their financial or legal situation or on their methods of manufacture or management.

Section 4. -Remedies
Public procurement.

Article 88.
A candidate for a procedure for the award of a contract shall be entitled to seize the person in charge of the market for an ex gratia remedy, by a written notification indicating the references of the procurement procedure and setting out the reasons for the award. Its claim with a registered letter with a request for notification of receipt or against receipt. This appeal may relate to the decision to award or not to award the contract, the conditions for publication of the opinions, the rules on the participation of the candidates and the capacities and guarantees required, the method of award and the procedure Selection, the compliance of the tender documents with the regulations, the technical specifications adopted, the evaluation criteria. It must invoke a serious breach of the regulation of public procurement. It must be exercised within five (5) working days of the publication of the notice of award, the contract, the notice of invitation to tender or the communication of the request for proposal.
The person responsible for the contract shall be required to reply to that complaint within five working days, beyond which the failure to reply shall constitute an implied rejection of the graceful application.

Article 89.
In the absence of a favourable response to its graceful action, the applicant shall have three (3) working days from the receipt of the reply from the Contracting Authority or the expiry of the five (5) day period referred to in the preceding Article To present an appeal to the Procurement Dispute Settlement Committee, placed with the Body responsible for the regulation of public procurement.

Article 90.
Upon receipt of the appeal, the Dispute Settlement Committee referred to in Article 89 shall examine whether it is admissible and, if so, order the contracting authority to suspend the procurement process. However, this remedy is not suspensive if the contracting authority certifies by written notification addressed to the Dispute Settlement Committee and the Directorate for the Control of Public Procurement that the award of the contract must be Continued immediately for reasons relating to the protection of the essential interests of the State resulting from urgent emergency situations connected with a natural or technological disaster.

Article 91.
The decision of the Dispute Settlement Committee shall be made within seven (7) working days of receipt of the appeal, otherwise the award of the contract may no longer be suspended. It shall be final and immediately enforceable by the contracting authority. It can only have the effect of correcting the alleged violation or preventing further damage to the interests concerned, or suspending or suspending the contested decision or the award procedure.

The unsuccessful candidate retains his right to claim compensation for the damage suffered before the competent courts. However, this remedy does not have suspensory effect.

TITLE IV. -CONDITIONS FOR THE EXECUTION OF THE STEPS

Chapter 1. -Rules of Procedure
Markets.

Article 92.
Contracts shall be paid either in advance or in advance payments, or as a final partial settlement or pay, under the conditions set out in this Chapter.

Section 1. -Advances.

Article 93.
Advances may be made as a result of expenses incurred in performing the work, supplies or services that are the subject of a contract.

2. Each contract shall determine the specific administrative or technical conditions to which advance payments are subject, in accordance with the rules laid down in this Decree.

3. Advances shall be paid on the production of the justifications for disbursements controlled by the Contracting Authority and against the surrender of a guarantee for the return of the same amount.

4. The total amount of advances granted in respect of a specified contract in consideration of the expenses incurred shall not, under any circumstances, exceed 60 % of the initial amount of the contract.

Article 94.
Advances in respect of expenses incurred may be paid in the following cases and within the limits defined below:

1. If the holder of the contract justifies that the works, supplies or services to be carried out require either the making of installations, or the purchase, order or manufacture by itself of material, machinery or important tools, the amount Advances shall not exceed the fraction of the value of the installations or equipment, machinery and tools to be amortized on the market price, or 40 % of the initial amount of the contract.

2. In the case of a labour market requiring employment on the construction site of public works vehicles, under the conditions expressly laid down by the market, the amount of the advances shall not exceed 60 % of the value of the material Employees on the site, or 30 % of the initial amount of the contract. Advances can only be paid when the equipment has been brought to the construction site or, in the case of material which the market holder did not have in the State of Senegal on the day of market approval, as soon as the equipment May be submitted to the service responsible for controlling the performance of the contract.

3. If the holder of the contract justifies the conclusion of a contract of purchase or order of supply of materials, raw materials, or other goods intended to enter into the composition of the works or supplies which are the subject of the contract The amount of the advances shall not exceed 50 % of the amount of the contract of purchase or of the order under consideration. In addition, if the contract has a duration of more than one year, the amount of each advance shall not, unless agreed by the authorising officer of the budget concerned, exceed the value of the supplies for the period of one year following the allocation of The advance.

4. If the holder of the contract justifies the obligation to make prior expenses, of a different nature than those referred to in paragraphs 1 and 2 above, such as patent purchases, study costs, transport costs, required by The amount of the advance shall not exceed the amount of the prior expenditure incurred by the holder of the contract.

5. If the holder of the contract is responsible for acquiring on behalf of the contracting authority, either materials, machinery and industrial equipment, or materials, raw materials or manufactured articles, the amount of the advances shall not Exceed 60 % of the amount of expenditure relating to the purchase contract or order under consideration. Advances may be made prior to the actual payment of these expenses upon the conclusion of the purchase or order contract.

Article 95.
Advances made in respect of prior expenses shall be followed in the accounts of the contracting services until discharge. They shall be reimbursed, at a rate fixed by the market, by deduction of amounts owing subsequently to the holder as a deposit or a balance. The rate of reimbursement shall take into account the proportion of the elements giving rise to advances in the part of the market already carried out.

Article 96.
1. A lump sum start-up may be granted. This start-up advance shall be paid within the payment periods normally required after receipt of the request for payment accompanied by the corresponding guarantee.

2. The amount of the start up advance shall not exceed 20 % calculated either on the initial amount of the contract, including taxes where the duration of the contract is less than or equal to one year, or where the duration of the execution is longer than one year On the amount of the benefits to be paid in the first twelve months.

3. In the case of contracts with orders or customers, the amount of the advance shall be calculated on the basis of the maximum amount or the estimated amount for the first twelve months of implementation.

4. The refund of the lump sum is made by deduction of the sums due to the holder. It begins when the amount of benefits
Carried out in respect of the contract, expressed in basic prices, reached or exceeds 40 % of the initial amount of the contract, the purchase order or the tranche and ends when that rate reaches 80 %. If the contract does not give rise to instalment payments and is the subject of a single settlement, the lump sum shall be deducted in one single payment from the single payment.

Section 2. -Accounts.

Article 97.
The benefits which have given rise to the commencement of the market are eligible for initial payments, provided that the contract provides for a period of execution of more than three months.

Article 98.
The amount of a down payment must not exceed the value of the benefits to which it relates. Where appropriate, the share of the advances fixed by the contract should be deducted. In the case of payments made on the basis of technical implementation phases, the contract may, subject to the system of deduction of advances, fix the amount of each instalment as a percentage of the initial amount of the contract.

Section 3-Pay Regulations.

Article 99.
The purpose of the Regulation for pay is the payment to the holder of the sums due in respect of the normal performance of the benefits, which is the subject of the contract, net of payments made in respect of advance payments and advances of any kind not yet recovered By the Contracting Authority.

Article 100.
Where a guarantee deduction is made, the final settlement of the contract shall first give rise to a provisional balance settlement comprising the sums due in respect of the normal performance of the contract, net of payments made to the Advance and advance payments, and then a final balance settlement under which the holdback is released.

Section 4-Payment Plan.

Article 101.
The settlement of advances or advance payments does not have the final payment character. Their beneficiary shall be the debtor until the final settlement of the contract or, where the contract so provides, until the final partial settlement.


Article 102.

Unless otherwise agreed by the contracting authority, the holder of a contract and the subcontractors, beneficiaries of the provisions of Article 109 shall not dispose of the supplies which have been the subject of advances or advances in respect of Other works, supplies or services than those provided for in the contract.

Where the holder of the contract or subcontractors are authorised to dispose of the supply, the amendment established to that effect shall specify the conditions under which the corresponding advance or advance payments shall be returned On payments to be made.

Article 103.
(1) In the event of total or partial termination of the contract, the contracting authority may, without waiting for the final liquidation and if the request is made to it, give it to the holder 80 % of the maximum amount of the credit balance shown by a Provisional liquidation.

2. Conversely, if the provisional liquidation reveals a credit balance for the benefit of the contracting authority, it may require the holder of the contract to remit the 80 % of the amount of that balance immediately. However, a time limit may be granted to the holder in order to discharge his debt; in this case, the holder must provide the guarantee of a personal guarantee jointly and severally liable to repay 100 % of the balance.

(3) The provisions of this Article shall apply to subcontractors benefiting from the provisions of Article 109, subject, in the event of a credit balance to their profits, to the provisional liquidation count of the works, supplies or Services shall be accepted by the holder of the contract.

Article 104.
Transactions carried out by the holder of a contract or by a subcontractor beneficiary of the provisions of Article 109, which give rise to an advance or instalment payment or settlement for pay, shall be recorded in writing By the Contracting Authority or verified and accepted by the Contracting Authority.

Article 105.
1. The time limits for the recognition of the right to payment of the holder of the contract shall be fixed by the Specifications.

2. In the month following the finding of the right to payment, the holder of the contract and, if any, the subcontractors, beneficiaries of the provisions of Article 109, shall, where appropriate, be notified of the reasons for which the benefits May not be the subject of a partial payment or a settlement for pay.

(3) If such notification is made only after the expiration of that one-month period, the delay shall automatically open the right to moratoria interests calculated from the day following the expiration of that period up to that of the notification.

Article 106.
(1) The settlement must be made within the period of forty-five days, as the case may be, from the day on which the creditor has regularized its file, following the notification made to it under the conditions set out in the preceding Article. The failure to make a settlement within that forty-five day period shall automatically and without any other formalities of moratoria interest calculated from the day following the expiration of the said time limit until the day of the Regulation.

2. Projected moratoria interest shall be calculated on the amount of the down payment or payment for balance at a rate of 2 % above the discount rate of the Institute of Emission.

Article 107.
1. In the event that the contractual documents provide for the timing of the successive phases of implementation and the payments to which they are to be made, no debt shall become due and no interest shall be payable Start to run, before the dates set out in the contract.

2. In the event of termination of the contract, in the absence of agreement between the parties within six months from the date of termination, the contracting authority shall have a period of three months to fix the amount of the termination indemnity. The amount of the termination indemnity is obtained by applying a pre-determined rate in the tender file to the value of the work remaining to be performed.

3. In the absence of a decision or a contractual agreement within the period of three months provided for in the preceding paragraph, moratoria interests shall be acquired from full right to the holder of the contract from the expiration of that period up to the date of notification of the Decision or conclusion of a contractual agreement at last. They shall be calculated at a rate of more than 1 % at the rate of discount of the Institute of emission on the amount, either of the price supplement or of the termination indemnity.

Article 108.
Where the contracting authority finds at the receipt of the work, supplies or services that the benefits provided by the holder do not correspond exactly to the conditions agreed in the contract, rather than refuse the reception The receiving committee may propose to the holder to apply a refaction to the overall price of the market or to the unit prices.

In the event of agreement by the holder of the contract on this proposal for a refaction, a provisional reception shall be carried out on the basis of the agreement of the parties on the refaction retained.

Section 5. -The rights of subcontractors
And co-contractors

Article 109.
A subcontractor may obtain directly from the contracting authority, with the agreement of the holder of the contract, the regulation of the works, supplies or services of which he has carried out the execution and which have not already given rise to payment to the holder.

These Regulations are subject to the following conditions:

(a) the subcontractor must be approved by the contracting authority by an express provision inserted, either in the contract or in an amendment; it is required to take out insurance to guarantee its liability vis-à-vis third parties;

(b) the contract or rider must indicate
The nature and value of the work, the supplies or services to be carried out by the holder and by each of the named subcontractors;

(c) the holder of the contract shall, in addition to the payment securities issued in settlement of the works, supplies or services performed by the subcontractor as if they were, accept such attachments or administrative records as By itself.

The provisions of this Article shall not be applied in the course of the performance of the contract where the contract has already been pledged by the holder.

Article 110.
The subcontractor who has been accepted and whose terms and conditions of payment have been approved may transfer or nantir, up to the amount of the benefits which must be paid to him directly, all or part of his claim.

For this purpose, after the written agreement of the holder of the contract, a special copy of the contract and, where appropriate, the amendment providing for the benefit of Article 109 shall be given to the holder of the contract and to each subcontractor who is the beneficiary of the provisions Of this article.

Article 111.
Unless otherwise provided, for single markets carried out jointly by a number of suppliers, service providers or contractors, the regulations shall be made to the person designated as an agent to represent the Co-processing with the contracting authority.

However, where the contract expressly so provides, the settlement of the supplies delivered or the work or services performed may be carried out on behalf of the co-processing person designated by the contract.

The contract or amendment shall specify in a precise manner the practical arrangements for the payment of the sums due and the persons to whom it is addressed.

Article 112.
Each Co-processing Party may pledge all or part of its claim to the Contracting Authority in respect of the sums which accrue to it in respect of the performance of the contract of the works, supplies or services and as laid down in the Contract documents.

Chapter 2. -Required guarantees
Candidates and contract holders.

Section 1. -Bid guarantee.

Article 113.
In order to be accepted for tenders, candidates are required to provide a guarantee of tender, the amount of which is fixed in the tender file. The amount must be between 1 % and 3 % of the estimated market value. This obligation does not apply to intellectual benefit markets.

The guarantee of tender remains valid for 28 days after the expiry of the term of validity of the offers.

The Contracting Authority may not require the
Provision of a bid guarantee for
Contracts below the thresholds established by the Minister in charge of Finance.

Workers'groups, worker cooperatives, artists' cooperatives and individual craftsmen followed by the consular chambers, organisations of study, supervision or approved financing are exempt from providing A bid guarantee when the tender value does not exceed 50,000,000 CFA francs.

Section 2-Guarantees of performance.

Article 114.
Every holder of a contract of an amount greater than or equal to the thresholds established by the order of the Minister responsible for finance shall provide a guarantee of the proper performance of the contract, intended to cover the reserves upon receipt of the work, supplies or Services as well as those formulated during the guarantee period, possibly foreseen.

This guarantee consists of a fixed element increased, where the market has a guarantee period, an element proportionate to the progress payments received or a guarantee deduction of the same amount.

The contracts between institutions or bodies subject to the control of the State and subject to the supervision of the institution or body concerned shall be exempt from the guarantee of good performance.

The specifications must specify the safeguards regime that will be required of candidates and market holders.

Article 115.
The guarantee of good performance must be made up in full when the contract is signed. Its amount shall be fixed by the specifications without being able to exceed 5 % of the amount of the contract increased or decreased, where appropriate, by the amount of the amendments. In the event of an amendment, it must be completed under the same conditions.

Article 116.
The guarantee of good performance shall be the guarantee of the corresponding amount. The guarantee may be replaced at the discretion of the holder by a guarantee on first demand or, if the two parties agree, by a personal and several surety. The amount of the guarantee on first application or of the personal and several bonds may not exceed that of the guarantee they replace and their object is identical.

The guarantee at first request or the personal and solidarity guarantee shall be established in accordance with a model fixed by the Minister for Finance.

Candidates in public contracts shall provide guarantees from financial bodies which have received the approval of the Minister responsible for finance or having a local correspondent who has received such approval.

Article 117.
Where the contract contains a guarantee period, part of each payment may be retained by the contracting authority as security deduction to cover both the supply and the receipt of the work, supplies and services. During the warranty period. The share of payments retained by the contracting authority may not exceed five (5) per cent of the amount of the payments. It is set out in the specifications. The holdback may be replaced at the discretion of the holder by a guarantee on first application or, if the two parties agree, by a personal and several surety of an amount equal to the totality of the amounts to be retained.

Article 118.
The guarantee of good performance shall be refunded or the guarantor or guarantee on first application shall be released, either, in the absence of a guarantee period, at the time of the final balance settlement, or, if the contract provides for a guarantee period, to the Provisional acceptance of works, supplies or services.

The amount of the guarantee deduction is refunded, or the guarantee or guarantee on first application is released, at the end of the guarantee period.

However, if reservations have been notified to the holder of the contract or to the institutions which have granted their surety or their guarantee at first demand during the guarantee period and if they have not been lifted before the expiry of that period, the Security rights shall be released not later than one month after the date of their release.

In such a case, the undertaking of these establishments may only be terminated by a show of hands issued by the contracting authority.

Section 3. -Other guarantees.

Article 119.

The specifications shall determine, where appropriate, the other guarantees that may be requested from the holders of contracts for the performance of a particular undertaking.

Chapter 3. -The collateral of markets.

Article 120.
Claims arising or arising in respect of a contract of works, supplies or services may be adversely affected by an agreement between the holder of the contract and a third party called a creditor who is a creditor or a beneficiary of the pledge.

Article 121.
With a view to the collateral of the contract, the contracting authority or its duly authorised representative shall, after the approval of the authorising officer of the legal person's budget, give the holder of the contract a certified copy of the original of the contract, covered by the "Single copy issued for pledge".

Article 122.
1. Where the holder of the contract intends to subcontract a share of the market which has been the subject of a pledge, the approval of subcontractors by the contracting authority shall be subject to a reduction of the collateral to competition on the part of the The incumbent proposes to subcontract.

2. The subcontractor who has been accepted and whose terms and conditions of payment have been approved by the contracting authority may pledge, in competition with the amount of the benefits to be paid directly, all or part of its claim.

3. The pledges provided for in this Chapter shall be established in the form and substance of the common law.

Article 123.
1. Except as otherwise provided in the act and except for the effect of the privileges, the beneficiary of a pledge shall cash alone the amount of the debt or the share of the claim affected as a guarantee, except to account to the person who constituted the pledge.

2. In the event that the pledge has been made for the benefit of several beneficiaries, each of them shall cash alone the share of the debt which has been assigned to it in the act served on the accounting officer. If the said act did not determine that part, the payment shall take place on the collective discharge of the beneficiaries of the pledge or their representative with a regular power of attorney.

3. Payments shall be validly made in accordance with the provisions of this Article, even where, between the date of service of the pledge and the date of delivery of the special copy to the accounting officer, the latter shall have Received notification of other charges.

Article 124.
The beneficiary of a pledge may, by means of a separate agreement, subtake the third-party beneficiary of claims in respect of the market in the effect of that pledge to competition, either in whole or in part of the claim affected as collateral. Such subrogation shall be served on the assigned accounting officer under the same conditions as those laid down for the pledge.

The beneficiary of the subrogation shall cash alone the amount of the share of the debt which has been assigned to him as security, except to account according to the rules of the term of office to the person who consented to the subrogation.

Article 125.
The holder of the contract, as well as the beneficiaries of the collateral or subrogations provided for in the foregoing Article, may, during the performance of the contract, request from the contracting authority a summary statement of the work and supplies Carried out, supported by an evaluation that does not involve the contracting authority, or the counting of the rights recognized to the contractor or supplier, as well as a statement of the payments made in payment. They may also request from the accounting officer a detailed statement of the meanings received by him in relation to the market.

Beneficiaries of collateral or subrogations may not require any other information except as provided above, nor do they intervene in any way in the performance of the contract.

Article 126.
Release of the meanings of pledge shall be given by the beneficiary to the accounting officer holding the special copy by registered letter addressed or given with acknowledgement of receipt. It shall take place on the second working day following that of the receipt of the ply by the accounting officer.

TITLE V. - TERMINATION AND ADJOURNMENT OF THE STEPS, PENALTIES AND BONUSES,
RULES OF DISPUTE.

Article 127.
In the event of breach of their contractual obligations, the holders of public contracts shall be liable to pecuniary, coercive or binding penalties provided for in Articles 84 et seq. Of the Code of Obligations of the Administration, by the This Order and the Specifications. The contracting authority may also order the postponement of the execution of public contracts, public service delegation agreements or partnership contracts.

Chapter 1. -Termination and adjournment
Markets.

Section 1. -Cases of termination or adjournment.

Article 128.
1. Any public procurement may be subject to total or partial termination at the initiative of the contracting authority:

(a) in the event of a serious breach by the holder of his or her obligations, in particular in environmental matters;

(b) where the completion of the contract has become unnecessary or inadequate, taking into account the requirements of the public service;

(c) in the event of an event affecting the legal capacity of the holder of the contract under the conditions laid down in the specifications.

2. In the absence of provisions to the contrary, the contracting authority shall not grant termination for failure by the holder to fulfil its obligations only after prior notice has been left without effect.

Article 129.
The contract is terminated as a full right without compensation:

(a) in the event of the death of the Contractor, if the Contracting Authority does not accept, where applicable, the offers which may be made by the heirs for the continuation of the work;

(b) in the event of bankruptcy, if the Contracting Authority
Does not accept, in the event that the trustee has been authorized by the court to continue the operation of the business, the offers that may be made by that trustee for continuation;

(c) in the event of liquidation of the property or judicial settlement, if the co-contractor is not authorized to continue the operation of his business.

In the cases referred to in paragraphs (b) and (c) above, the precautionary or security measures whose urgency appears, pending a final decision of the court, shall be taken ex officio and shall be borne by the holder of the contract.

Article 130.
The Contracting Authority may order the postponement of supplies, services or works, which are the subject of the contract, before their completion, in particular in the event of a delay in the performance of a work or in the delivery of a supply to the Contracting Authority; Necessary for the performance of the contract, or for any other reason specific to it.

Article 131.
A public contract may be terminated at the request of the holder:
1. In the event of a failure by the contracting authority making the performance of the contract impossible, constituting a serious misconduct within the meaning of the Code of Obligations of the Administration;

2. Where the Contracting Authority prescribes the postponement of the contract for more than three months, either before or after commencement of execution. The same applies in the case of successive postponements, the overall duration of which exceeds three months, even in the case where the performance of the contract has been resumed in the meantime. Where the contracting authority prescribes an adjournment of the contract for less than three months, the holder is not entitled to the termination, but only to compensation in the event of injury.

3. In the event of an unexpected and irresistible event making it impossible to carry out the market.

Section 2. -Consequences of termination
And adjournment.

Article 132.
1. The compensation for damage suffered by the holder of the contract in the event of an adjournment of less than three months may not exceed the amount of the expenditure occasioned by that deferment, as the result of the evidence produced by the Owner.

(2) In the event of termination of the contract attributable to the Contracting Authority, the holder may, in addition to the reimbursement of expenses occasioned by a possible prior adjournment, as indicated in the preceding paragraph, request the payment of a Compensation corresponding to the damage suffered duly witnessed which cannot, under any circumstances, be greater than the loss of the profits of the holder whose contract is terminated, such as this loss is the result of the supporting documents.

3. The termination of the contract enticovers the holder to the payment of supplies, services, works, works and not yet settled. If the contract has received a commencement of execution, the co-contractor may request that the provisional reception of the works executed or delivered immediately be carried out immediately after the expiry of the period of the guarantee.

4. The request of the holder shall be admissible only if it is submitted within the period of two months from the date of notification of the order of service prescribing the postponement of the performance of the contract or the date of termination

Chapter 2. -Sanctions and bonuses.

Section 1. -Late penalties.

Article 133:
In order to ensure compliance with contractual deadlines, contracts must provide for a penalty clause for late payment, the amount of which is fixed for each category of contract in the general administrative clauses.

Article 134.
Unless otherwise provided by the contract, penalties for late payment shall be applied without prior notice, on the mere confrontation of the expiry date of the contract deadlines and the date of receipt.
The amount of the penalties imposed on the incumbents of a contract is to mitigate the expenditure.

In the event that the amount of the penalties cannot be withheld from the sums due, the penalties shall be paid in revenue to the budget which has borne the burden of the contract.

Section 2. -Company substitution.

Article 135.
In the event of serious misconduct which may jeopardise the normal performance of the contract committed by the holder, to which he has not remedied despite a formal notice, the contracting authority, which decides to use a procedure other than the invitation to tender Opened for the completion of benefits, requires the opinion of the Directorate responsible for the control of public procurement on the procedure envisaged.

Where it is the result of the new market, past the risks and risks of the defaulting proprietor, surpluses of expenditure are levied on the sums owed to the counterparty or, failing that, on the guarantee of good performance or on the holdback of the guarantee, Without prejudice to the rights to be exercised in the event of a deficiency.
If the new market or governance results in a decrease in expenditures, the
Co-contractor may not claim any share of this benefit.

Section 3. -Primes.

Article 136.
Whenever it appears necessary for the contracting authority, awards for the reduction of contractual deadlines carried out at the request of the contracting authority may be provided for in the contracts.

The daily rate of these premiums will not in any case exceed that of late penalties.

In addition, the reduction of the contractual periods under which such premiums may be awarded cannot exceed the 1/10th of the contractual period.

Chapter 3. -Dispute resolution.

Section 1. -Friendly settlement.

Article 137.
1. In the case of disputes relating to the performance of public contracts, the contracting authority or the holder of the contract may make use of the Dispute Settlement Committee placed with the Body responsible for the regulation of public procurement.

2. In the cases referred to in paragraph 1 above, the Committee for the Settlement of Disputes shall have the task of searching for elements of law or fact, with a view to proposing an amicable and equitable solution to the disputes submitted to it.

The Committee shall be seized:

(a) by the Contracting Authority, of its own
Initiative or at the request of the holder of the contract, in respect of disputes which it considers appropriate to submit to it;

(b) the holder, if the person responsible for the contract has rejected one of his requests.

4. Referral to the Committee shall be effected by sending a statement setting out the grounds for the complaint and indicating the amount. The brief shall be accompanied by the contract documents of the contract and all correspondence relating to the dispute. It is addressed to the Committee by registered letter with a request for notification of receipt or against receipt.

The secretariat of the Committee shall inform the other party of the referral. The Committee shall hear from the market holder and the person responsible for the contract or their representatives, who may be assisted by any person of their choice. The President may hear any person whom he considers relevant to the hearing.

The Committee shall notify its opinion within 15 days from the date of the referral. This period may be extended by a further period of up to 15 days, by reasoned decision of the President. The notice shall be notified to the person responsible for the contract and to the holder of the contract.

7. Each party shall make known to the other party and to the Secretary of the Committee its decision on the notice proposed by the Committee within one month of the date of notification of the Committee. If the parties agree, the proposed solution must be implemented immediately. In the event of disagreement, the parties may refer the matter to the competent court.

8. The use of the Dispute Settlement Committee shall not have a suspensive effect on the performance of the contract.

Section 2. -Legal proceedings.

Article 138.
1. Disputes relating to contracts constituting administrative contracts shall be submitted to the competent courts in order to deal with administrative disputes under the conditions laid down in the Code of Obligations of the Administration.

2. Disputes concerning the contracts of national companies and public limited-liability companies shall be subject to the common law courts.

(3) Such disputes may also be submitted to a arbitral tribunal under the conditions laid down in the Uniform Act of the OHADA relating to arbitration; the parties may insert an arbitration clause under the conditions laid down in the Charges.

TITLE VI. -CONTROL OF THE STEPS.

Article 139.
Without prejudice to the laws and regulations relating to the control of public expenditure respectively applicable to the contracting authorities, control of public contracts shall be ensured:

1. By the Directorate for the Supervision of Procurement, which is responsible for controlling the procurement of contracts a priori;

2. By the existing internal control bodies within the Contracting Authority which carry out a posteriori control under conditions laid down by each contracting authority.

3. By the Body responsible for the regulation of public contracts which carries out a posteriori control.

Chapter 1. -A priori control
Public procurement.

Article 140.

The Directorate responsible for the control of public contracts ensures the prior checking of procurement procedures. As such, the Directorate for the Control of Public Procurement:

(a) issue an opinion on the competition files prior to the initiation of the award procedure concerning:

-order contracts, customer markets and conditional band contracts, regardless of the amount;

-the contracts the contracting authority wishes to proceed by means of invitational tender or by agreement
Direct;

-contracts whose estimated value is equal to or greater than the thresholds established by the Minister responsible for finance;

-public service delegation agreements and partnership agreements;

-the amendments to the above markets or which have the effect of bringing the amount of the contract to the amount of the threshold for examining the file;

(b) deliver an opinion on the comparative analysis report on the tenders or proposals and on the minutes of the provisional award of the contract established by the
Contract Committee, relating to contracts whose estimated value is equal to or greater than the thresholds established by the Prime Minister;

(c) carry out a legal and technical review prior to the approval of the proposed contracts for which it has indicated that it wishes to have such control during the examination of the competition file or that satisfy the conditions and Amounts fixed by order of the Prime Minister.

The Directorate for the Supervision of Government Procurement may also give an opinion on the cases referred to it by the authorities.
Contracting.

Article 141.
1. The time limits set by the Directorate for the Control of Government Procurement to examine the files submitted to it and deliver its opinions shall be determined by a decision of the Body for the Regulation of Public Procurement. In the absence of a reply within the prescribed time limit, the opinion of the Directorate for the Control of Government Procurement shall be deemed favourable and the
The procurement process may continue.

(2) If the contracting authority is in addition to an unfavourable opinion or on reservations accompanying a favourable opinion of the Directorate for the Control of Procurement on a competition file, it shall state the reasons for its decision in writing and Report to the market approval authority for which it is responsible and inform the Body responsible for the regulation of public procurement.

3.If the Contracting Authority does not accept the opinions and recommendations which, where appropriate, have been formulated by the Directorate for the Control of Government Procurement concerning the possibility of using a procedure other than open tendering Or relating to the proposal for the award of the contract, it may proceed with the procurement procedure only by entering into the Dispute Settlement Committee close to the Public Procurement Regulation.

Chapter 2. -Internal and ex post control.

Rule 142.
Within each contracting authority, the internal control body must ensure, on a permanent basis, strict compliance with the legal and regulatory provisions applicable to public procurement.

Article 143.
Each procurement cell shall establish before 31 March each year for the authority of which it reports and of the Body for the Regulation of Government Procurement, an annual report on all public contracts awarded in the year Previous. Among other information, this report provides a list of failing companies, specifies the nature of the deficiencies found and gives a detailed account of the contracts entered into by direct agreement.

Chapter 3-External and ex-post control.

Article 144.
In addition to its advisory role, the Body responsible for the regulation of public procurement ensures, in addition to its advisory role, compliance with the national rules and the UEMOA relating to the award and execution of public contracts, public service delegations and Partnership contracts.

As such, the Body for the Regulation of Public Procurement:

(a) command, at the end of each budget year, an independent audit of a random sample of contracts;

(b) may initiate and proceed with its own resources or have at any time external controls or investigations relating to the transparency and conditions of regularity of development and award procedures and conditions The execution of public contracts;

(c) shall report to the Contracting Authority concerned, to the Minister of the Sector concerned and to the Minister responsible for Finance, on the procedure followed in the inspections and investigations, the deficiencies identified and, where appropriate, proposes improvements;

(d) Seizes the competent authorities at the national or UEMOA level of any infringements or irregularities found during the investigations and inspections carried out;

(e) maintains the list of natural and legal persons excluded from the procurement procedures;

(f) account for the checks carried out in an annual report transmitted to the President of the Republic, the President of the Senate, the President of the National Assembly, the Prime Minister, the Minister for Finance and the President of the Court of Auditors. The report shall then be published.

TITLE VII-PENALTIES APPLICABLE FOR NON-COMPLIANCE WITH THE REGULATION OF PUBLIC MARCHES

Chapter 1. -Liability of public officials.

Article 145.
Without prejudice to the criminal and disciplinary sanctions provided for in the laws and regulations in force, officials or agents of the State, local authorities, public institutions, national corporations and public limited-liability companies shall Majority public participation, agencies and other bodies referred to in Article 2.1 (d) of this Decree, perpetrators of misconduct in the context of public procurement proceedings may be required, where appropriate, to compensation for damages Resulting from their actions.

Article 146.
Officials of the State and other legal persons under public law may be brought before the Financial Disciplinary Chamber of the Court of Auditors, without prejudice to criminal proceedings, for having breached the legislative provisions or Public procurement regulations, in particular in the following cases:

(a) They have obtained or attempted to provide an abnormal advantage to a candidate;

(b) They have intervened at any stage of the award of a contract, a public service delegation or a partnership contract to a company in which they have taken or retained an interest;

(c) They have fractionated expenditures in order to avoid the normally applicable mode of procurement or have applied a procurement procedure without the required agreement;

(d) They have entered into a contract, a public service delegation or a partnership contract with a candidate excluded from public orders or have performed a contract or contract not approved by the competent authority;

(e) Repeated breach of obligation
Annual market planning and advertising;

(f) They have authorized and ordered payments after the issuance of a payment title that does not correspond to the benefits actually provided or to incomplete or non-compliant benefits.

Chapter 2. -Sanctions for misconduct
By candidates or holders
Public procurement contracts.

Article 147.
In the event of a finding of violations of the procurement rules committed by candidates and holders of contracts, sanctions may be imposed by the Dispute Settlement Body of the Board responsible for the regulation of Public contracts, in disciplinary training, against the perpetrators of these violations. Such sanctions shall be imposed on the candidate or holder who:

(a) has granted or promised to grant to any person acting in any way in the procurement procedure an unfair advantage, monetary or otherwise, directly or through intermediaries, in order to obtain the contract;

(b) participated in practices of collusion between candidates in order to establish the prices of tenders at artificial and non-competitive levels, depriving the contracting authority of the advantages of open and open competition;

(c) influenced the manner in which the contract was awarded or the definition of benefits in such a way as to benefit from an unfair advantage;

(d) knowingly provided in its offer false or misleading information or statements that may affect the outcome of the procurement process;

(e) has established claims for payment that do not correspond to the benefits actually provided;

F) has been satisfied with corrupting activities with regard to public officials in charge of the award of the contract, of corrupt practices with a view to
Obtaining the contract, illegal agreements, unjustified renunciation of the performance of the contract if its bid is accepted, threat, harassment or violence against public officials responsible for the award of the contract, obstructive manoeuvres Susceptible
Influence the proper conduct of the procurement process;

(g) has committed acts or manoeuvres in order to obstruct investigations and investigations conducted by officials of the Public Procurement Regulatory Body.

The violations committed are recognized by the Dispute Settlement Committee, which is diligent
Any necessary investigations and seizes all competent authorities.

Article 148.
1. Without prejudice to criminal proceedings and actions to remedy the damage suffered by the contracting authority, the following sanctions may be imposed, and, as the case may be, cumulatively:

(a) confiscation of the guarantees made by the offender in the context of
Contracting procedures to which he/she participated;

(b) exclusion of the right to compete for public contracts, public service delegations and partnership contracts for a specified period depending on the seriousness of the mistake committed.

2. These penalties may be extended to any company that owns the majority of the
In the case of collusion established by the Dispute Settlement Committee, or whose undertaking is in possession of the majority of the capital.

3. Where the infringements committed are established after the award of a contract, a public service delegation or a partnership contract, the sanction imposed may be accompanied by the termination of the current contract or the substitution of a contract. Other company, at the peril of the sanctioned offender.

4. The offender has recourse to administrative courts against the decisions of the Dispute Settlement Committee.
This remedy is not suspensive.

TITLE VIII. -MISCELLANEOUS PROVISIONS
AND FINALS.

Article 149.
The rights of stamps and the registration fees to which the contracts may be given shall be borne by the holders.

Article 150.
Order No. 2007-545 dated April 25, 2007, Public Procurement Code and all regulations contrary to this Order are repealed.

Article 151.
1. Contracts notified before the date of entry into force of this Decree shall remain governed by the provisions of Decree No. 2007-545 of 25 April 2007, as amended;

2. Public contracts for which a consultation has been initiated or a notice of public appeal to competition published prior to the date of entry into force of this Order shall remain governed by the provisions of the Order in Council No. 2007-545 above. All other provisions of this Decree shall apply to them.

Article 152.
The Minister of State, Minister for Foreign Affairs; the Minister of State, Minister of Economy and Finance; the Minister of State, the Minister of Justice, Minister of Justice; the Minister of State, Minister of the Interior;

The Minister of State, Minister of Armed Forces;

The Minister of State, Minister of the Environment and Nature Protection; the Minister of State, Minister of Culture, Gender and the Framework for Life; the Minister of State, Minister of State, Minister of Habitat, Construction and
The Minister of State, Minister of State
International cooperation, air transport, infrastructure and energy; the Minister of State;
Minister of Mines, Industry, Agro Industry
The Minister of State, Minister of the Family and Women's Organizations; the Minister of State;
Minister of Public Service and Employment;

Minister of State, Minister for Children and Children; Minister of Maritime Economy; Minister of Higher Education, Universities, Regional Academic Centres and Scientific Research; Minister of State Agriculture; the Minister of Elementary Education, the Middle Secondary and National Languages; the Minister of Health and Prevention; the Minister of Decentralization and Local Government; the Minister of Labour and Professional organizations; the Minister of Youth and Recreation; the Minister of Craft, Tourism and Relations with the Private Sector and the Informal Sector; the Minister of Town Planning, Sanitation and Public Hygiene; the Minister of Elevation; the Minister of Land Transport, Rail Transport and The layout of
Territory; the Minister of Technical Education and Vocational Training; the Minister for Trade; the Minister of Communication,
Telecommunications, responsible for
The Minister responsible for Relations with the Institutions; the Minister for Foreign Affairs of Senegal; the Minister for Sport; the Minister for Social Action and Solidarity The Minister for Women's Entrepreneurship and Micro-Finance; the Minister of Renewable Energies; and the Minister responsible for Ecovillages, Retention Basins, Artificial Lakes and Pisciculture are each responsible for the Relating to the execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, 27 July 2011.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Souleymane NDene NDIAYE.