(1) Public contracts execution shall be monitored and controlled by:
(a) the Project Owner or the Delegated Project Owner through the Project Officer,
the Contract Engineer and the Project Manager, as appropriate;
(b) the Ministry in charge of public contracts through impromptu controls;
(c) the Independent Auditor through public contracts ex-post audits;
(d) other State control bodies provided for by the laws and regulations in force.
(2) Public contracts execution control shall aim to ensure compliance with the
quality, comfort, safety and sustainability standards of the facility.
(3) Project supervision shall be carried out by a private law natural person or
corporate body, for works and supplies contracts of an amount exceeding the thresholds
laid down by a separate instrument of the Authority in charge of public contracts.
(4) However, the Ministry in charge of public contracts may notify government
services with appropriate technical capacity, or whose organic instruments cover
engineering studies and control, of its waiver of such private project supervision.
(5) For contracts of amounts below the price thresholds referred to in (3) above,
the Project Owner or the Delegated Project Owner without the required skills must
contract a public or private law external project supervisor to control execution.
(6) Public project supervision shall be carried out by the Contract Engineer.
(7) The supervision of intellectual service contracts for studies and audits shall be
carried out through a follow-up and technical validation committee. This committee shall
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comprise, among others, members extraneous to the services of the Project Owner or
the Delegated Project Owner.
(8) Where the Project Owner or the Delegated Project Owner does not have
qualified personnel to prepare and monitor insurance contract execution, he may use the
external expertise of a specialist in the areas covered by the insurance, for the definition
of technical specifications of services to be delivered, and/or contract execution
monitoring. Where such a professional is required to work as a broker, he must be
approved in accordance with the regulations in force.
Official text
Spot-checked
In force from 20 June 2018
Source page 59