SECTION 48

(1) Public contracts shall be regulated by a body set up for that purpose. 23 (2) The public contracts regulatory body shall supervise and facilitate the public procurement system. In that capacity, it shall: (a) express opinions to the Authority in charge of public contracts for the formulation and improvement of related policies; (b) ensure the application of principles of good governance, particularly by implementing preventive measures to combat public procurement malpractices; (c) ensure the proper application of rules by all actors through opinions and recommendations; (d) propose public contracts sector reforms to the Authority in charge of public contracts; (e) design public contracts sector training policies and strategies, and develop a related professional and institutional framework; (f) coordinate, feed and monitor the public contracts information system; (g) periodically assess the compliance and performance of the national public contracts award system with respect to relevant international indicators and standards; (h) approve public contracts sector experts; (i) examine disputes arising from public contract procedures and express technical opinions to the Committee in charge of reviewing complaints submitted by bidders; (j) edit and publish the Public Contracts logbook; (k) propose procedure-related penalties to the Authority in charge of public contracts; (l) conduct specific audits. (3) The public contracts regulatory body shall regularly prepare and submit to the Authority in charge of public contracts a record of regulatory instruments, with copies to the Minister in charge of territorial administration for contracts awarded by regional and local authorities, governors for contracts awarded by Delegated Project Owners, and the technical supervisory minister for contracts awarded by public establishments. (4) A separate instrument shall lay down the duties and conditions for the functioning of the public contracts regulatory body.