Law 8 Of 2005 Contracts And Appointments And Sales Department Of Defense

Original Language Title: القانون 8 لعام 2005 قانون عقود ومبايعات ومبيعات وزارة الدفاع

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here:

Law 8 of 2005 contracts and appointments and Sales Department of Defense of the President based on the Constitution and approved by the Assembly in its meeting dated 19-11-1425 Hijri 30-12-2004 a.d.,: title I provisions of the article 1 requirements insurance works, the following expressions mean in application of this law, meaning beside each: • the Minister: the Minister of defence.

• Ministry: armed forces and institutions and Directorates-General of the Ministry of defence.

• Management: who is affiliated to the General command of the army and the armed forces or mod that contract or purchase or sale.

• Certification authority: the Secretary of Defense or his representative.

• Contractor: contractor committed to implementation of works or insurance requirements, which honestly held commencement total.

Article 2 all Ministry needs one of the following: a direct purchase. B-(internal, external). C-implementation by the Secretariat. D-contest. E-government agreements and contracts.

Title II provisions of the direct purchase rule 3 direct purchase: a-is the way by which believes all requirements of internal or external markets without the need to regulate a contract or a declaration. B-sets the maximum value per transaction for domestic purchases (a hundred thousand SP) maximum external purchases is determined by order of the Minister. C-the Minister can order in wartime non-compliance with the specified maximum value per transaction for direct purchase of domestic markets.

Article 4 is direct purchasing according to specifications, and is of two kinds: a-internal procurement and secured by appointments committees, each composed of at least three members appointed by order of the Director of administration. B-buy from foreign markets: by appointments committees believes, determines its membership and functions by order of the Minister.

Title III provisions of the contract of purchase contracts (internal or external) chapter I General definitions article 5 contract: 1. is the way in which the Ministry believes all written contract needs location and certified in accordance with the provisions of this law.

2. contract describes all rights and obligations of both Contracting Parties.

3. a written contract for purchase of outsourcing: a pledge special conditions book editor at the tail. B-offers or requests recording price by those interested in contracting. C-written correspondence as business assets d-invoices from exhibitors (brovorma).

Article 6 classified contracts as follows: a-sales contracts: for securing supplies, materiel, transport and commuting switched food and fodder, medicines, and raw materials, medical and fuel, oil and grease, etc. B-works contracts: for all real estate related work Ministry or fortifications and roads and other construction work, renovation, purchase of materials and requirements. C-manufacturing contracts: for making tools and machinery, gear and weapons and technical machinery and equipment. D-transfer: contracts and organize to convert some raw materials or manufactured products. -Repair contracts: for repairing or renovating some supplies and materiel. And real estate contracts: for buying property and renting and invested, in accordance with the laws in force. G-service contracts: organized to benefit from the expertise of technicians and specialists and research necessary to execute the contracts specified in this article. H-leases: for rental of machines and mechanisms necessary for the Ministry.

Chapter II article 7 contracts Regulation shall regulate contracts: • the provisions of this law.

• Provisions of general specifications.

• Technical specifications.

• Special conditions book. A-general conditions: Book 1-applies to all contracts and the installations, sales and clearly define the rights and obligations of the Contracting Parties, and the phases that precede organize nodes, and executed, and the resulting expenditure filtering rules, and how they paid to beneficiaries.

2. General specifications are placed by the Minister at the suggestion of financial management and insurance office. B-technical specifications: 1. for each type of "needs," technical conditions book outlining the technical specifications of the gauges and satellite imagery and other classes and weights.

2. organize professional notebooks a Committee of at least three members appointed to that end by the Director of administration, and ratified by the Minister or by his representative. C-book special conditions: 1. When you make every decade, and specifying the conditions of this contract as the nature of work or type and quantity needs with implementation period and places and dates of delivery or receipt, etc.

2. this book by admin purchase held for her by a standardized set of internal financial management of contracts, insurance Office of army outside contracts, and incredible by the Minister or by his representative. D-can in some cases dispensed with technical specifications or, where these terms are limited, and in this case simply mentioned in the Declaration and the contract. -The Ministry is entitled to secure public sector contacts needs official rates set by the State under whatever bills worth, without complying with the provisions of this law in the following cases: 1. If the requirements are based on the official tariff.

2. If the limited production or distribution requirements or provide services to a public body. And foreign contracts which may with the consent of the Minister upon a proposal of the Office of the military insurance derogation from the provisions of this law and all or part of conditions books as the requirements of the public interest, and only under the conditions stipulated in the contract.

Chapter III the competent authorities article 8 contracting requirements and believes the works of internal or external markets by: a-contract-bidding committees appointed by order of the Director of administration, and cost to complete all the transactions and actions before and after organizing contract. B-by order of the Minister can secure some foreign purchases by designated competent committees as required by the public interest and without complying with the provisions of this law or as well.

Chapter IV methods of conducting article 9 decades in Ministry contracts are either tenders or compromise.

Article 10

Tenders: three types: regular bidding, auction auction, above the selection: a regular auction: to secure works and needs known shapes and descriptions are technically only work in this case to examine the offers and pick the most appropriate price (as belonging to her). B-the auction interface: to secure works and technical requirements and needs which require special care can be achieved only by natural or legal persons known for their expertise and professional competence and financial capacity. C-tender the selection: to secure works and needs that cannot be accurately predetermined specifications and clear, so ask the tenderer provide satellite imagery for works or forms of needs, to be tested and given numbers indicate the degree of their quality by a technical Committee constituted for that purpose.

Article 11 accommodation: be of two kinds: either bidding or direct agreement:-RFP and invoked in the following cases: 1. when final bids in the cases mentioned in paragraph 12 of article 14 of this law.

2. when the needs and works confidentially regarding the safety and security of the State.

-In all cases stipulated above deliberately Department prepare contracts to bidding who see them efficiently, and hire of see displayed more interest to the Department.

Article 12 direct agreement and invoked in the following cases: 1. when the impossibility of implementing certain works or some insurance needs through tender or RFP could not be implemented or only by one person (natural or legal), specialist or product or convinced her or have patent, or the Ministry considers that requires interests hired solely for the reasons described in the second paragraph of article 11.

2. If you cannot perform a tender or bidding due to urgent character, or the failure of my tender and RFP.

3. upon the dissolution or withdrawal of the contract in accordance with the provisions of article 25 of this law.

4. when the public interest requires standardization of types, or complete the needs previously contracted.

In every case the Administration deliberately mentioned contracting directly with see the qualifications required in accordance with the conditions set out for it.

Chapter v article 13 contracting authorities identifying ways to determine ways to make contracts by the Minister or his representative that at the suggestion of the Director of administration, containing the legal grounds for him.

Chapter vi article 14 auction rules apply to various types of tenders laid down in article 10 of this law, the following rules: 1. public hearing: the auction at a public meeting attended by or on behalf of the participants, only legally written presentations when you cannot attend.

2. tender committees: a-tenders Committee consisting of at least three members determines the composition, functioning and powers general specifications. B this Committee are entitled to use appropriate experts, and their advisory capacity. C-If between the Chairman of the Committee or one of its members and an exhibitor connection close notification requires it boss, even to assign irreplaceable. Kin onion means "ascendants and descendants and relatives up to the fourth degree."

3. announcement of tender: a tender must precede each posted definition and requirements, and where they can be found as well. B-tender is advertised by bulletin announcements and any other faith. C-the duration of the tender announced by at least 15 days for contracts, the Minister's approval may be reduced to a minimum of 5 days in cases of justifiable speed that determines their general conditions book.

4. entry requirements in tenders: Rugby must have access in the following conditions: a-Arabic Syria or the wisdom of the Palestinian Arabs. B-is condemned to a felony or outrageous offence, under the laws in force. C-not working in one of the public bodies, and to be registered in the commercial register in one of the Chambers of Commerce or agricultural or industrial. D-not be debarred from entering the bidding or contracting with the Ministry, or with public bodies, or taken his money kept operationally. -Be registered in the list of operators. F-co Xzibit himself, or by his legal representative, under an official agency. G-a company represented by duly licensed to operate in the Syrian Arabic Republic, and that this official agency representative conferred the right to represent the company and contracting and auditing. H-to be classified by the Ministry of housing and construction in the desired category to carry out works contracts.

5-the price: a special study of bidding precedes each know the cost of the works, and the price of fixed rate mode needs to be bidding on it. B-place the price set by a Committee of at least three members and write by hand before taking the true Director of administration, as defined in the General conditions and sends to the tenders Committee within a sealed envelope sealed and placed under other circumstances, and that only in the auction session. C-price must remain muffled up after the auction, and does not allow non-members of the tender Committee to review it. D-can in specific cases in the General conditions specified pricing dispensed with the approval of the certifying authority.

6. the tender rules above: a-must precede each tender limited special study conducted in secret meeting by the tenders Committee, to examine the offers, and ensure that information about the exhibitors on their competence and impartiality. B the Commission shall study on special record, remember names admitted to tender and rejects (if any) reasons, and did not accept the tender who didn't want his name among admitted.

7. Special rules for picking tender: a tender must precede each selection a secret meeting of the tender Committee, to examine the models provided by exhibitors. B-models are examined in the presence of technical Committee formed to this end to estimate the degree of quality. C the Committee meeting results shall record the minutes of the special mention names admitted.

D-Committee declares at the start of the meeting accepted names without ads quality, and then settle deals and extract results, and that split price on quality, and on this basis offers rating as defined in the General conditions.

8. presentations: a-offering deals under orders signed by the exhibitor or their law, and clearly written and read in accordance with the format and the instructions specified in the General conditions and special books and art, and accompany the presentations all papers set forth in these books. B-send these offers to the administration within a sealed envelope in the mail, or delivered by hand within the deadline for the submission. C-led presentations and advertising which accepted to attend.

9. designation of contractors: a-classified categories order accepted offers and prices starting at the lowest price, and then declares the viewer name Committee Chairman who presented the lowest price, and most beneficial to the Department as a temporary contractor. B specifies the General conditions book price increase rates, which cannot be overridden only with the consent of the Minister or his representative. C-the tender Committee shall not accept any break in the price, except that the Director of Administration (demand or accept a fraction of prices) under the following conditions: 1) fraction at the invitation of the Director of Administration for all exhibitors who participated in the auction and accept their bids.

2) fracture in a public meeting once date Director of administration within the promotion term.

3) breakage in writing session price break for once.

4) fraction in the presence of the tender Committee.

5) but not less than the amount of the reduction resulting from the breakage of 5% on the price which was transmitted by bidding on the bidder with the lowest price.

6) are recorded in the minutes of proceedings of the price break is complementary to the tender Committee minutes and incredibly, Managing Director.

7) doesn't accept breakage unless all previous provisions.

8) shall not request or accept price break after authentication on the tender Committee minutes by the Director of administration.

10-tender: a tender Committee shall record in various acts, which recalls the objections that have been expressed by exhibitors during the meeting. This record shall be signed by the Chairman of the tender Committee and its members, and to None if found, and submit to the Director of Administration to decide whether to follow the procedures for hiring or request a price break in accordance with the provisions of article 14 (9/c).

11. postpone the auction: the auction session to postpone the date to be determined in the General conditions in the following cases: a-do not enter prices shown within the specified price. B-the single Viewer session.

12-failed-auction: the bidding is a failure in the following cases: (a) not to make any viewer for tender meeting postponed. B-do not check the amount of the required reduction in price break session (for the price). C reject performances because of lack of access to the minimum acceptable quality.

In case the tender as a failure, the Commission organizes a record that includes the reasons for the failure of the auction, and it submits to the Director of Administration to propose new bidding, or contract by mutual consent as required by stakeholders.

Chapter VII rules of conducting consensual contracts article 15 1-way contract RFP: a-when recourse to contract in a way that the RFP is announced by bulletin announcements and other media and send RFPs to stakeholders. B-length advertisement for RFP for at least 10 days for internal contracts and about thirty days for foreign contracts. C-determine the terms and descriptions of works and seminal requirements contracted by mutual consent in my notebook and technical terms, and in some cases can request forms from our stakeholders. D-fam must have contracted by mutual consent:-internal Contracting: the same requirements of bidder, offering their shows on as described in paragraph 8 of article 14 of this law.

Outsourcing: determines the General conditions book. H-led deals in camera by the tenders Committee. And the tender Committee shall check the offers and classified in the order of categories, and then declare the name of the provisional contractor made at prices within the specified price, which reflected the Committee's view the greatest benefit to the Department. G-that the Commission is not bound to accept applicants at the lowest prices, but should take into account the artistic value and quality of things before and agreeing to terms, books and then decide to organize its record signing by her only, this included provisional contractor selected causes and submitted to the competent authority referred to in article 13 of this law is attached to the contract signed by her and by the Viewer to believe , Even if only a single Viewer. H-re-record with certification contract to the Commission to communicate the contract to the contractor.

2-way direct agreement contracts: a-direct agreement in the same manner as set forth in paragraph 1 of this article. B-the Declaration, and ConceptDraw is limited to informing professionals only. C-can with the approval of the Minister in case of direct agreement not to abide by the provisions of General conditions book or some of them. D-sign contracts can compromise foreign correspondence.

3. with the consent of the Minister in cases which did not require organizing, defined in the General conditions book, simply sign the special conditions or book on the show itself or on the invoice submitted by the contractor.

4. explain in foreign contracts all rights and obligations of the Contracting Parties, with the consent of the Minister prior to special provisions in terms of payment, insurance and settle differences without complying with the laws in force.

Article 16 determines how to make tender or contract by mutual consent in detail in the General conditions.

Either all the needs of the Ministry through the Secretariat's implementation of the decision of the Minister each time dictated by the interest of the Department or the need for speed, or impossibility of performing works or insurance needs through contractors.

Part four required actions after contracts chapter I believe article 17 contracts ratified contracts on various kinds of the Minister or his representative.

Article 18 notification of ratification of contract: a contract after its ratification shall report directly to or on behalf of temporary contractors legally in accordance with the provisions set out in the General conditions and those after failing contract contractors.

B the contractor shall be notified within thirty days of ratification of the tentative contracts Interior and 40 days for foreign contracts, these deadlines commence from the day following the date of signing the contract. C consequences of contractors after failing to believe their contract commitments or pledges, according to what is specified in the contract and conditions books.

Chapter II article 19 insurance insurance: 1. ask the wishing to contract or enter into all bids offering insurances stipulated in the special conditions, these insurances are of three types: a – temporary: attach with the offer or request entry in the auction. B-final: during the period determined in the General conditions. C-technical guarantee: for contracts requiring nature.

2. the Insurance Department accountant, under certified checks or bank transfers or bailouts of banks are accepted in accordance with the regulations in force.

3. refund: a-temporary insurance restored who did not accept their bids before the auction Committee immediately, those who did their bidding or auction gear or hiring temporary insurance restored, after authentication, Managing Director at the tender Committee minutes within a maximum period of fifteen days. B-final insurance returned to their owners after the final receipt for supplies and services, as for the works they returned after the final insurance provisional receipt, provided that the contractor shall not have any obligations requiring this insurance. C-technical guarantee insurance shall be returned after the expiry of the guarantee.

Title v provisions of contract implementation Chapter 1 article 20 contracts implementation delays in delivery: a-contractors to recognize what pledged within the deadlines in the contract terms or books, and when there was no delay in delivery due to force majeure or emergency circumstances or because of the contractor shall be entitled to management and within 15 days from date of request from management extension for delivery based on one of the aforementioned reasons. , And raises this request appended opinion, Managing Director to the Minister for decision. B-If the request is denied for legitimate reasons the Contractor monetary penalties are subject, and other procedures set forth in the general terms.

Article 21 penalties for delays: a fine determined by 0.001 (one thousand) for each day of delay, calculated on the basis of the value of the contracted and late supply of materials. B – identifies those fines ceiling of 20% of the total value of the contract. C-Specifies the grounds and procedures for fines levied rules in general specifications.

Article 22 receipt of works and receiving commissions task needs to receive the works or by a Committee needs to receive an author of at least three members appointed by the Director of administration, you receive Commission accomplish its presence of contractors or legally represented as follows: a with respect to works contracts: receipt of the works in accordance with the provisions set forth in the books. B in respect of procurement contracts and transfer manufacturing and repairs: the Commission on receipt to ensure matching descriptions of the material provided with the specific descriptions in the books of the conditions, or compare them with forms if found, it can also make the necessary technical tests of laboratory and others, if it turns out not to conform to the conditions and forms a Committee take the following actions: 1. defer receipt of unacceptable material which the Commission considers the possibility of repair or improvement to become relevant for basic conditions.

Reform and improvement by the contractor, at his expense to be recognized by the date set by the Commission.

This action does not relieve the contractor of delay penalties specified in the contract.

2. settlement with contractors in terms of price or quantity, and when articles do not meet the conditions, but it is possible to make use of the whole or part thereof in accordance with the General conditions book.

3. reject materials that can't be fixed or improved or adjustment. C receiving commissions are responsible for all its receipts, and completed within the time limit. D-write every receipt and delivery in special sign minutes by members of the Commission on receipt, by the contractor or his legal representative.

The contractor or his legal representative is entitled to challenge the record indicating draw objections, if not reaching an agreement resolving the dispute in accordance with the provisions of article 24 of this law.

Article 23 the advances: 1. with the approval of the Minister (works contracts) give the contractor an advance by no more than 15% of the contract value, and after informing the direct order of execution, the contractor provided a bank guarantee equivalent to its value.

2. the contractor has been accorded a special status in foreign contracts to ensure readiness of the advance provided for in paragraph 1, with the consent of the Minister upon a proposal of an insurance office.

3. the conditions for granting the predecessor: a-insert text grants and advance in the special conditions in the ad text. B-drop the right beneficiary of a claim rising prices which can occur after the date of the grip to the advance and the inclusion of this provision in the contract.

Chapter II arbitration article 24 a-administrative courts in the Syrian Arabic Republic is the competent authority to decide on any dispute about the contract. B-books may provide special conditions or contract on recourse to arbitration in accordance with procedures before administrative courts and Arbitration Commission is headed by the State Council Adviser designated by the Premier and two choose one contractor chooses another Member Ministry. C-foreign contracts may provide the Minister with the approval of the special arbitral tribunal contrary to the provisions of point (a, b).

Chapter III the dissolution and annulment of contracts article 25 cases of avoidance of the contract: 1. the contract avoided because of his own in the following cases: (a) upon the death of the contractor, however in this case the heirs to continue the contract under the same conditions, if so requested, the Ministry competence and sign a contract.

Submit the request and inform the answer during a period specified in the General conditions book. B-when bankruptcy or judicial liquidation, and in this case the contractor can continue if the Court ruled its promises. C in case of proven violation contractor to Israel boycott provisions.

2. the Minister shall be entitled to terminate the contract and withdraw its execution in the following cases:-when the contract in a timely manner without justifiable reasons. B-when the contractor's breach of its obligations, failure to fix the bug within specified periods in the General conditions.

C-when you commit the contractor fraud and manipulation. D-when a change in the company's systems represented by the contractor and which would be deprived of the right of representation, in this case is the company responsible for contracted whatever this switch. -Other cases specified in the General conditions.

3. does not exonerate annulment in cases mentioned in this article (except in the case of death) of their obligations and others fines stipulated in this law and in the General conditions.

Article 26 cases of avoidance of the contract: nullify contracts in cases provided for in the civil code.

Article 27 the Minister is entitled in cases of avoidance enshrined in article 25 of this Act (except for death) to order an new contract or insurance requirements by direct purchase (at the expense of the avoided contracting node), and avoided is not entitled to contribute, node and all additional expenses, and is not entitled to claim the product provided bye.

Chapter IV denial of contract article 28 a-denied the right to contract and strike out his name from the list of operators of the Ministry both prove bad intention or incompetence, or dissolution for the reasons set out in this law, or was deprived of the right to contract with a public body in the State. B-the denial temporarily for a period not exceeding three years, or permanently depending on the severity of the violation, and the Minister's decision is based on the Department's proposal. C-to financial management decisions, and to all ministries and public bodies through the Presidency of the Council of Ministers.

Chapter v monitoring and audit and finance article 29-outgoing exchange orders scrutiny on balancing Ministry, and under these orders after the budget expenses vocabulary book Exchange and stock keeping installed by financial management "of the Central accounts unit procurement". B-central financial control device all auditing and legal oversight of all expenditures to ensure confidentiality and agree on the way to be followed to that end between the Ministry and the organ.

Chapter vi article 30 confidential pricing and price adjustment: the contract price is not adjustable except for cases expressly provided for in the General conditions.

Article 31 save password: a-when some confidential contracts require the contractor informed on military secrets, or provide some information concerning State security, must indicate this in the text of the contract or in the books, and if he disagrees so exposed to the sanctions provided for in the military penal code, in addition to the sponsorship contract and passport confiscation and claim damages. B-Department could add to the terms of the contract provisions concerning the obligation to maintain the secret by technicians and labourers, who could cost them the contractor to accomplish what he promised, and exposed to the same penalties against the offending contractor from blabbing.

Title vi provisions article 32 internally sold sales material, equipment, real estate and various things that dispense with her Ministry in one of two ways: a-way auction. B-by way of direct agreement (upon approval by the Minister).

The appointments commissions selling whatever sales value, in accordance with the provisions contained in the General conditions.

Article 33 auction accepts all paid insurances stipulated in the General conditions book, consisting of insurance cash or certified checks or money orders or bank guarantees from banks accepted in accordance with the regulations in force and turned over to the appointments Committee Chairman.

Article 34 Committee conduct the auction at a public meeting between tender held, so you get the best price within the specified price range to sell, and then declare the name of anchored him bid.

Article 35 payment on signing of the record or the next day, temporary insurance returned to their owners immediately after the name of docked bid.

Article 36 Committee organizes various record expected meeting with docked to bid if they find, and to financial management with financial link masher pay sales value.

Article 37 sales value is paid to the public Treasury, with the exception of sales organizations with financial independence so you are paying for. Sales Recognizes according to specifications.

Article 38 auction is outside under instructions issued by the Minister and include terms in the Declaration, or regulated by special conditions book.

Article 39 Ministry products are sold internally or externally, as a special regime issued by the Minister.

Title VII final provisions article 40 of Decree may in case of war and emergency and wartime identify ways and how to secure works and the needs of the Ministry, contrary to the provisions of this law.

Article 41 eliminates Legislative Decree No 80 history of 27-9-1953 and its amendments.

Article 42 this law shall be published and considered effective after four months from the date of issue.

Damascus in 2-3-1426 Hijri 10-4-2005 a.d. President Bashar Al-Assad