(1) Where works, supplies, and services can only be obtained from
businesses or services providers who must be chosen because of their particular
speciality, knowledge, or aptitudes; or from patent holders, exclusive dealers,
monopoly holders, or those with the expertise, the General Manager of the public
corporation shall place an order for the works or services directly or purchase the
supplies directly, at fair value, from the service providers concerned, on the basis of a
contract.
(2) Upon reception of the service ordered for, the General Manager shall send a
request for validation, for regularisation purposes, to the Chairman of the Board of
Directors within 10 (ten) days.
(3) For works, supplies, and services other that those referred to in Article 30 above,
but that are urgent in nature, the General Manager of the public corporation may,
after consulting at least 3 (three) service providers by any means in writing, place the
order directly to the candidate with the lowest bid for works and supplies, and the
best bid for services and intellectual services. In such a case, the offer of the
successful tenderer, the examination report, the award decision, and the draft
contract shall be submitted to the Internal Tenders Board, which shall have 3 (three)
days to give its opinion thereupon.
(4) The opinion of the Internal Tenders Board to which the file is referred should be
stored in the file, for the purpose of subsequent audits by the Board of Directors or
any other competent entity.
(5) At the end of every six-month period, a Control and Evaluation Committee set up
by the Board of Directors shall audit the orders referred to in this Article.
(6) The Board of Directors shall issue a resolution laying down the terms for resorting
to adapted contracts, as well as the specific award procedure of these types of
contracts.
IV.5. Special Contracts
Official text
Spot-checked
In force from 12 June 2018
Source page 11