(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.
Official text
Spot-checked
In force from 20 June 2018
Source page 22