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REPUBLIC OF CONGO

51 YEAR - SPECIAL EDITION # 2
From May 25, 2009
e

Out of text
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Union Work Progress

OFFICIAL J OURNAL
FROM THE REPUBLIC OF CONGO
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SUMMARY

PUBLIC PROCUREMENT CODE AND APPLICATION TEXTS
May 20

Decree No. 2009-156 relating to the Public Procurement Code ...................................

May 20

Decree n ° 2009-157 of May 20, 2009 relating to the attributions, organization and funcoperation of the public procurement regulatory authority ............................

25

Decree n ° 2009-158 of May 20, 2009 reorganizing the general delegation
major works .............................................. .....................................

33

Decree No. 2009-159 on the attributions, organization and functioning of the
Directorate-General for Public Procurement Control ........................................

35

Decree n ° 2009-160 of May 20, 2009 setting the terms and conditions for the approval of
public check ................................................ .................................................. ...

38

Decree n ° 2009-161 of May 20, 2009 on the organization and functioning of
the public procurement management unit ........................................... ............

39

Decree n ° 2009-162 of May 20, 2009 setting the award and control thresholds
and approval of public contracts ........................................... ..................

43

May 20

May 20

May 20

May 20

May 20

From May 2009
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Official Journal of the Republic of Congo

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"Candidate": natural or legal person who manifests
an interest in participating or which is retained by the supervisor
work or the delegated contracting authority to participate in a
procurement procedure;

RULES OF THE PUBLIC MARKETS
"Public procurement management unit": body placed

AND APPLICATION TEXTS

under the authority of the Person responsible for contracts
public and responsible for planning markets, prepreparation of the files and the procurement procedure and

Decree n ° 2009-156 of 20 May 2009 on the code

execution of contracts.

public procurement.

"Co-contractor of the Administration or Holder of the contract

THE PRESIDENT OF THE REPUBLIC,

": Any natural or legal person party to the contract, in
Considering the Constitution;

charge of performing the services provided for in the contract

Considering the decree n ° 2007-615 of December 30, 2007 appointing

ché, as well as his representative (s), staff (s), successor

nation of members of the Government;

assignee (s) and / or duly appointed agent (s);

Considering decree n ° 2008-4 of January 11, 2008 on the organization
of the members of the Government.

"Conflict of interest": organizational relationship, or interest
personnel likely to affect the objectivity of a decision

In the Council of Ministers,

award, monitoring or control in terms of contracts
public ”;
DECREES:

"Public order": manifestation of the will to
the State, a local authority or a public establishment

BOOK I: GENERAL PROVISIONS

to contribute to the enrichment of the living environment of the public
and the development of the national heritage through the realization

TITLE I: OBJECT AND DEFINITIONS

tion of public contracts in compliance with the rules which
govern;

Chapter 1: The object
“Procurement Commission”: consArticle 1: This decree relates to the markets code

appointed by the contracting authority or delegated contracting authority

public. It sets the rules governing the preparation, the award,

to proceed with the opening and evaluation of

approval, execution, control and regulation of

offers; it recommends, in its conclusions, the attribution

public contracts, as defined in article 2 below. He fixes

tion of the market;

also the rules governing the award, control and
regulation of public service delegation agreements,

"Public service delegation": contract by which one of the

as defined by the provisions of Articles 77 and
following provisions of this decree, in compliance with the provisions

legal persons governed by public or private law referred to in

provided for in this area by the Water Code and the Electricity Code.

Article 3 of this decree entrusts the management of a service

tricity. Finally, it fixes the settlement of market disputes

public under its jurisdiction to a delegatee whose

public and public service delegations.

remuneration is linked or substantially ensured by the
results of the operation of the service; in the sense of the present

Chapter 2: Definitions

decree, public service delegations include the
interested parties, affermages (the network operation),

Article 2: For the purposes of this decree, the following terms have
the meaning assigned to them in this article:

as well as public service concessions, which they include
or not the execution of a work;

“Call for tenders”: procedure by which the client
ge or its agent, the delegated contracting authority, launches a
call for competition in order to receive bids from

"Dematerialization": creation, exchange, sending,
receipt or retention of information or documents

bidders, who will then be evaluated in order to
select the offer in accordance with the technical specifications,
lowest priced, and with which the tenderer satisfies

ment by electronic or optical means, or
comparable means, in particular, but not exclusively,
electronic data exchange or messaging

qualification criteria;

electronic;
"Awardee of the contract": tenderer whose offer has been
retained by the Procurement Commission before
market approval;

"Invitation to tender dossier": document comprising the information
gnements necessary for the preparation of the tender,
the award of the contract and its execution;

“Independent auditor”: a firm of professional reputation
recognized profession, recruited by the French regulator
public contracts and responsible for the annual audit of
public checks and public service delegations;

"Performance guarantee": any guarantee, in cash,
bank or personal, constituted to guarantee the master
project or the delegated contracting authority for the proper

"Delegating authority": legal person governed by public law
(State or local authorities) which concludes a

sation of the market, both technically and
from the point of view of execution time;

delegation of public service;
"Guarantee of reimbursement of the start-up advance":

"Amendment": contractual act modifying certain clauses
of the basic market to adapt it to occurrences

any guarantee, in cash, bank, real or personal,
constituted to guarantee the repayment of the advance granted

naked after his signature;

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Special Edition N ° 2-2009

by the contracting authority or the delegated contracting authority

pations to be taken into account, as well as the results

to the contract holder as part of the performance of the contract

discount.

dear;
TITLE II: SCOPE OF APPLICATION

"Offer guarantee": bank guarantee made by the submissive
shareholder to guarantee its participation in the competition

Article 3:

until the contract is signed. The bank guarantee can
also be replaced by the cash deposit in the Treasury in

1) The provisions of this decree apply to the

cases where the regulations in force do not prohibit it;

public contracts concluded on behalf of contracting authorities
following:

"Group of companies": group of companies having
subscribes to a single act of commitment, and represented by

- the State, local communities and their establishments

one of them who acts as an agent

public;

common. The group of companies is joint or solid

- public enterprises and holding companies

daire;

majority public;
- other bodies, agencies or offices, created by the State

"Client": legal person governed by public law for

or local communities to meet the needs of

the account of which the public contracts are concluded.

general interest, whether or not they have legal personality, including
the activity is financed or guaranteed by the State or which benefits

"Delegated contracting authority": authorized body or person

cient of financial assistance or State guarantee or

by the contracting authority to conclude, in the name and for its

of a local community.

account, the public procurement contract or the delegation of
public service.

2) Only contracts awarded for the account, financed, or benebenefiting from the guarantee of persons governed by public law referred to in

"Project manager": natural or legal person

first paragraph of this article, are subject to the rules

public or private law charged by the contracting authority or

of this decree. Legal persons governed by private law which

delegated contracting authority to ensure the representation and

award these contracts are assimilated, within the framework of the

defense of its interests at the stages of definition, development

cation of this decree, to contracting authorities.

boration, execution and reception of services,
object of the contract ;

Article 4: This decree applies to public contracts
whose estimated value excluding tax is greater than or equal to

"Public contract": written contract, concluded in accordance with

thresholds set by a decree relating to procurement thresholds,

provisions of this decree, by which an entrepreneur,

control and approval of public contracts.

a supplier or service provider undertakes
towards the State, a local authority, an establishment

Public contracts that do not reach the said thresholds are subject to

public or a public or parapublic sector company,

made to the accounting and fiduciary obligations provided for by the

providing a contribution or financial guarantee,

texts in force.

either to carry out work or to provide goods, services
defects or intellectual services for a price

Article 5: Contracts awarded in application of

paid by public funds;

financing or international treaties are subject to
provisions of this decree, insofar as they are not

"Ministry in its field of competence": ministry

not contrary to the provisions of these inter-

in whose name the contract is made;

national.

"Offer": all technical and financial elements

Article 6: When a contracting authority grants another

included in the submission package;

body of special or exclusive rights to exercise an activity
public service, the act by which this right is granted, pre-

"Lowest evaluated offer: qualified offer for which

sees that the body concerned must, for the public contracts it

the consideration of technical quality, assessed in

passes with third parties as part of this activity, respecting

monetary term, can, if necessary, intervene in a

ter the provisions of this decree.

secondary in the consultation regulations;

Article 7: The different types of public procurement are the contracts

"Work": result of a set of building works

works contracts, supply contracts,

or civil engineering intended to fulfill by itself a func-

service and intellectual services markets.

economic or technical issue; he can understand in particular
ment of construction, reconstruction,

a) Works contracts are contracts for the purpose of

demolition, repair or renovation, such as the preparation

the realization for the benefit of a client of all trades

site ration, earthworks, erection,

building or civil engineering values ​or the repair of works

construction, installation of equipment or material,

ages of any kind.

decoration and finishing as well as ancillary services
b) Supply contracts are contracts having for

work if the value of these services does not exceed that

purpose of purchasing, leasing, renting or leasing

of the works themselves;

tion-sale of products or materials for the benefit of a master
"Submission": written act of commitment at the end of which a

of book.

tenderer makes his conditions known and undertakes to
c) Service contracts are contracts whose

respect the applicable specifications.

object the provision of non-intellectual services for the benefit of
"Terms of reference" or "Specifications": document

of a client.

established by the contracting authority or the delegated contracting authority
ford and defining its requirements, including

d) Contracts for intellectual services or advice and
technical assistance are contracts the object of which is

methods to be used and means to be implemented, his concerns

From May 2009
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services of a mainly intellectual nature

offices referred to in point c of article 3-1 above: the director

whose predominant element is not physically when

general tor;

tifiable; they include, in particular, study services,

- for public enterprises, participation companies

delegated project management contracts,

majority public and the private companies referred to in Article

operation management, project management contracts and

3 paragraph 2 above: the Chairman and Chief Executive Officer,

technical assistance services of various kinds.

the deputy head or the manager, as the case may be.

A contract falling under one of the four categories mention-

2) Prior to the implementation of the pass-through process

born above may include, on an ancillary basis, elements

tion of public contracts, the contracting authorities ensure

falling under another category. When a contract has as its object

the feasibility and desirability of the proposed operation, in

both services and supplies, it is a market of

determine the location or content, define its pro-

services if the value of these exceeds that of the products to be

gram, decide on the provisional financial envelope,

provide, and vice versa.

provide funding, choose the process by which
the work will be carried out, the goods supplied or the services rendered.

TITLE III: RULES OF ETHICS IN MATTER

3) The contracting authorities may, within the limits of the program

PUBLIC PROCUREMENT

me and the provisional financial envelope by them decreed,
entrust the exercise, on their behalf, to a delegated contracting authority

Subtitle 1: Rules of ethics relating to

and on their behalf, all or part of the powers of the

to public authorities

project management. This delegated contracting authority can be a
legal person governed by private law.

Article 8: Anyone intervening, in any capacity whatsoever
either, in the public procurement process

4) The contracting authorities delegate their contracting authority to the

and public service delegations, either on behalf of a

General delegation of major works for the award and

contracting authority, or on behalf of a procurement authority

the execution of public contracts, the estimated amount of which is

bation, control or regulation is subject to the provisions

greater than or equal to a threshold set by the decree relating to thresholds

laws and regulations prohibiting the practices

procurement, control and approval of contracts

fraudulent acts and conflicts of interest in the award of

public, referred to in article 4 of this decree.

public service contracts or delegations.
5) The legal person governed by private law referred to in paragraph 3 below
Subtitle 2: Candidates' commitments

above and the body mentioned in paragraph 4 above,

and bidders

as delegated contracting authorities, ensure the control
works delegated on behalf of the contracting authorities.

Article 9: Candidates and tenderers have the obligation,
under penalty of rejection of their offer, to inform the master in writing

6) The delegated contracting authority represents the contracting authority

contracting authority or the delegated contracting authority, both when filing

with regard to third parties in the exercise of powers which

of their bids only during the entire procurement procedure

have been entrusted until the client has ascertained

until the end of the performance of the public contract or of the delegation

ted the completion of its mission.

public service, any payment, advantage or privilege
granted for the benefit of any person, acting as an intermediary

7) The relationship between the client and the client

diary or agent, in remuneration of any service performed

delegated age are defined by a written document which, barely

towards them.

nullity provides:

BOOK II: MANAGEMENT OF PUBLIC CONTRACTS

- the need which is the subject of the contract;
- the powers entrusted to the delegated contracting authority;

TITLE I: INTERVENING BODIES

- the conditions under which the contracting authority notes

IN THE MANAGEMENT OF PUBLIC CONTRACTS

the completion of the mission entrusted to the client
delegate;

Article 10: The public procurement procedure

- the terms of remuneration of the delegated contracting authority

involves three types of organs, namely:

when the latter is a legal person governed by private law;
- the penalties applicable to the delegated contracting authority in the event of

- procurement bodies;
- the control bodies;

ignorance of its obligations and conditions

- regulatory bodies.

in which the contract can be terminated, when it
is a legal person governed by private law;
- the method of financing the requirement, as well as, when the

Chapter 1: Procurement bodies

delegated contracting authority is a legal person
private, the conditions under which the client will

Section 1: General provisions

advance of funds necessary for the accomplishment of the
market or reimburse the expenses incurred for its

Article 11:

account and previously defined;
- the methods of technical, financial and accounting control

1) Contracting authorities, legal entities for which
the works are built, the goods delivered and the services provided

exercised by the client at the different phases of

due, place their contracts through the following bodies:

the operation;
- the conditions under which the approval of contracts
signed and receipt of the work, goods or service

- for the State: the ministries in their areas of competence

are subject to the agreement of the contracting authority, when

respective tence and institutions of the Republic;

the delegated contracting authority is a legal person of

- for the departments: the president of the department council

private right ;

mental;

- the conditions under which the delegated contracting authority

- for municipalities: the mayor;

can take legal action on behalf of the contracting authority,

- for State public establishments, establishments

when it is a legal person governed by private law.

public bodies of local authorities and organizations, agencies or

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Special Edition N ° 2-2009

8) As the capacity and experience evolves

2) The composition, powers and terms of office

of the bodies mentioned in paragraph 1 above in

creation of the Public Procurement Management Unit created

the award and execution of public contracts, the Authority

for each client and each client delegated

regulation of public procurement may propose a revision of the

ford are fixed by decree.

project management delegation threshold provided for by the decree
Section 2: The interministerial commission

relating to the award, control and approval thresholds of

in charge of group purchases

public contracts referred to in article 4 of this decree.
Article 13:

9) The contracting authorities and the delegated contracting authorities
each provide a public procurement management unit,
responsible for contract planning, preparation of

1- On the proposal of the minister in charge of the budget, in relation

files and the implementation of the procurement procedure

with the ministerial departments concerned and after consultation

and execution of public contracts or service delegations

the Public Procurement Regulatory Authority, it can be created

public.

by decree taken in the Council of Ministers, an interministerial responsible for coordinating certain orders of
the State and public establishments in order to promote the development

10) The contracting authorities and the delegated contracting authorities

development of group purchasing procedures.

designate within the public procurement management unit
a Person responsible for public procurement, responsible for

This commission's mission is to:

implement procurement or execution procedures
public contracts or public service delegations.

a) propose any measures likely to improve certain
orders for supplies and works, in particular

The person responsible for public procurement is the person

by establishing purchasing and works programs

authorized to sign the public contract or the service delegation

grouped, by promoting the free play of competition;

public in the name of the contracting authority or the contracting authority

b) examine the opportunities and possibilities to centralize

delegate. It is responsible for leading the pass-through procedure.

certain orders at the competitive bidding stage.

tion from the choice of the latter to the designation of
the recipient of the public contract or of the service delegation

2- The local authorities can, if necessary, have

public procurement and approval of the public contract or delegation

use of this centralized purchasing procedure in the

of public service by the competent authority.

conditions provided for by this decree, under the coordination
representatives of the State.

11) The person responsible for public procurement may delegate
its powers after agreement of the client, except for

Article 14:

the choice of the successful tenderer and the signing of the public contract or
delegation of public service.

1) When the interministerial commission referred to in article 13
above decides to group together two or more orders,

12) The agreement referred to above is not required when the Person

the contracting authorities or the delegated contracting authorities

responsible for public procurement is the minister in his

pés must give their consent to it and undertake to

area of ​competence or its representative.

contract under the same conditions set with the successful candidate
naked by the Minister of Finance, up to their

13) Public contracts or public service delegations

own needs. Under these conditions, the market is concluded

concluded by a person not authorized for this purpose are void.

only by the Minister in charge of finance, orders
having passed through each of the project owners or masters
of works delegates concerned according to their needs.

Article 12:
2) The person responsible for public procurement for each
1) A procurement commission is created at the

member of the group only signs his order and

within the public procurement management unit. This com-

ensures its proper execution with regard to the mem-

mission, constituted by the client or the master

bre of the group it represents.

of works delegated to each market, is responsible for
at the opening of the envelopes, at the examination of the applications, at the evaluation

Section 3: The public procurement approval authority

tion of the offers or proposals submitted by the candidates and
bidders and the designation of the beneficiaries. It

Article 15: The draft contract is only valid if

may entrust an analysis sub-committee with the evaluation and

that it is approved by the competent authority.

classification of tenders in accordance with the provisions of article
key 61 of this decree.

Public contracts or public service delegations are
forwarded to an approval authority separate from the authority
signatory, and whose function is to ensure its approval.

The procurement committee is chaired by the Person
responsible for public procurement.

A decree determines the procedures for approving contracts.
If necessary, the person responsible for contracts
members of the public can join the pass-

Chapter 2: Control bodies

tion of the markets the competence of specialized persons
as part of the evaluation of applications or offers

Section 1: Control function

discounts. These specialized people have only one consultative voice.
tative.

Article 16: Without prejudice to other legislative provisions
and regulations relating to the control of expenditure

Members of the procurement committee

to contracting authorities and delegated contracting authorities, the

public and any person participating in its sessions are required

monitoring the application of market regulations

the principle of confidentiality and impartiality in debates.

public and public service delegations is provided by:

No member of the committee may be prosecuted on the
disciplinary plan for comments made and votes put to the

1) The General Directorate of Public Procurement Control,

during meetings.

instituted within the ministry in charge of finance, in charge of

From May 2009
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a priori control of the award procedure and monitoring

Chapter 3: The regulatory body

procedures for the execution of public contracts and delegations
of public service by contracting authorities or contractors

Section 1: Creation and composition

vrage delegates;
Article 20:
2) The Public Procurement Regulatory Authority: it is responsible for
able to ensure independent regulation of the markets

1) There is established at the Presidency of the Republic a

public and, through independent audits, the control

regulatory body called the market regulatory authority

posteriori of the award and execution of contracts and delegated

public funds, responsible for ensuring the independent regulation of

public service gations.

public procurement system.
Section 2: A priori control

2) The public procurement regulatory authority includes
tripartite and parity of representatives of the administration

Article 17:

tion, the private sector and civil society. It guarantees the
independent regulation of the public procurement system.

1) Without prejudice to the advisory role of project managers
ge or delegated contracting authorities, the general management of

Section 2: Powers

control of public contracts ensures the a priori control of
public procurement procedures and delegations

Article 21:

of public service.

1) The Public Procurement Regulatory Authority is responsible for

As such, the General Directorate of Contracts Control

sions and responsibilities of:

public under the ministry in charge of finance:

a) ensure, through regular studies and advice, the application of

- issues a reasoned opinion on the tender documents before

market regulations and procedures

the launch of the call for competition and the publication

public and public service delegations and to offer

corresponding;

to the Government and the institutions in charge of

- grant the authorizations and derogations necessary for the

public services and public service delegations all recom- mended

request from project owners or project owners

mandates or proposals likely to improve and reinforce

delegates when they are provided for by the regulations in

to force the efficiency of the public procurement system;

vigor;
- issues a reasoned opinion on the comparative analysis report

b) contribute, in consultation with the general management of

of the proposals and the provisional award report

control of public contracts, training, awareness raising

of the market, drawn up by the procurement commission

tion and information of economic operators and institutions

markets;

institutions concerned by public contracts and delegations

- carry out a legal and technical examination of the

public service on the regulatory framework and institutions

market before its approval and, if necessary, send to

body governing these public contracts, in particular through

contracting authority or the delegated contracting authority any

the regular publication of an official market bulletin

request for clarification, modification of a nature

public;

ensure market compliance with the appeal dossier
offers and the regulations in force.

c) prepare, disseminate and update standard documents,
appropriate procedure manuals and software packages;

2) A decree fixes the attributions, the organization and the function
nment of the Directorate-General for Contracts Control

d) collect and centralize, in consultation with management

public.

general control of public contracts, with a view to
constitution of a database, documentation and

Section 3: A posteriori control

statistics on attribution, execution and control
public contracts and public service delegations;

Article 18:

e) contribute to the promotion of a transparent environment

1) The Public Procurement Regulatory Authority may initiate or
carry out, at any time, external audits or inquiries

rent, offering effective remedies, and favorable to

your dealing with transparency and regularity conditions

competition and business development and

with regard to national laws and regulations, sub-

stable and efficient national skills;

regional and international procedures for the development and
f) periodically assess the capacities of institutions in

of procurement, as well as the conditions of execution of

in charge of public contracts and service delegations

public contracts or public service delegations.

public, as well as the procedures and practices of the
2) The Public Procurement Regulatory Authority arranges for

of public procurement, and to propose

technical and financial audits in order to control a posterio-

corrective and preventive actions likely to improve the

ri the implementation of public procurement regulations.

quality of their performance, for the sake of economy,

To this end, it orders, at the end of each budget year,

transparency and efficiency;

silent, an independent audit on a random sample of
g) carry out investigations and have audits carried out

contracts, and forwards to the competent authorities the cases of
violations of legal and regulatory provisions

specific teriori and other investigations on the award,

in terms of the award, execution and control of contracts

execution and control of public contracts and delegations

public contracts or public service delegations.

public service; investigation and audit reports are
made public;

Article 19: A posteriori investigations and controls may
h) receive and transmit to the competent authorities the cases

be initiated by the Public Procurement Regulatory Authority,
ex officio or on the basis of a request or information from

of breaches of market regulations

from anyone interested.

public, civil service, and competition;

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Official Journal of the Republic of Congo

i) pronounce, in accordance with the provisions of this

Special Edition N ° 2-2009

gent to spend during the year concerned and establish a

decree, financial penalties and / or, under certain

procurement plan including all of these

conditions, exclusion sanctions provided for in article 145

markets, following a standard model set by the Regulatory Authority

of this decree, against private sector actors

tion of public contracts on the basis of an appropriate software package.

which would have infringed the applicable regulations,
especially in proven cases of corruption or infringement

These plans duly approved by the competent bodies

assimilable, within the framework of the attribution and

must be consistent with the funds allocated to them.

execution of public contracts and service delegations
The procurement plans are revisable. The

public;

contracting authorities or delegated contracting authorities must
communicate them to the market regulator

j) exclude from public procurement, for a limited period,

which publicize it.

natural or legal persons who have violated the regulation
mention of public contracts, the list of said persons
to be made public by its publication in the

Contracts awarded by project owners or masters

official journal of public markets or any other journal

of delegated works must have been previously registered

empowered;

in these provisional or revised plans, on pain of nullity,
subject to the appreciation of the general management of
control of public contracts.

k) receive the remedies exercised by candidates and submitted
sionaries, or even self-referencing violations of the
mentation on public procurement and delegations of

Article 24: When the allotment is likely to present

public service, attempting to reconcile the parties concerned,

ter financial or technical advantages, the works,

before ruling on the dispute and pronouncing the penalties

nitures or services are divided into lots that may give rise to

seen by the provisions of this decree;

each has a distinct market.

l) monitor and support the implementation of the program

The tender dossier sets out the number, nature and importance

human and institutional capacity building

prizes, as well as the conditions imposed on the candidates

in terms of public procurement and

to subscribe to one or more lots and the terms of their

public service delegations;

award and indicates that the contract will be awarded on the basis
of the combination of lots assessed as being economical-

m) plan and organize, in consultation with the management

most advantageous by the contracting authority or the

general control of public contracts, training

re of delegated work.

initial and ongoing actors of the procurement system
public contracts and public service delegations;

If, in the context of a call for tenders, one or more lots do not
are not assigned, the client or the client

n) be in regular contact with training centers and schools

delegate has the power to initiate new appeal procedures

at the national, sub-regional and international level

competition for unallocated lots by modifying, if it

specialized in procurement

the consistency of these batches or any other solutions

public and public service delegations;

endorsed by the Directorate-General for Contracts Control
public.

o) carry out any other mission relating to public procurement
entrusted to it by the Government;

Any fragmentation of orders, in violation of the annual plan
procurement, is prohibited.

p) set up and manage a market website
public.

Chapter 2: Market financing, existence
prior credits and authorizations

2) A decree fixes the missions, the attributions, the organization and
the functioning of the market regulatory authority

Article 25: During the contract preparation phase,

public.

the contracting authority or the delegated contracting authority must:
a) assess the estimated amount of supplies, services or labor

TITLE II: PREPARATION OF PUBLIC CONTRACTS

values, subject of the contract and ensure the existence of credits
sufficient budgets;

Chapter 1: Determining needs

b) obtain, where applicable, the prior authorizations for
which the conclusion of the contract is subject.

Article 22: Before any call for competition, consultation or
direct agreement, the client or the client
delegate is required to determine as accurately as possible

Article 26: When for the realization of a project, the integration

the nature and extent of the needs to be satisfied. The works,

The amount of funding cannot be mobilized in a single

supplies or services which are the subject of the contracts must

fiscal year and that the benefits can be distributed

meet these needs exclusively.

Ties in phases spread over several years or in installments
farms and conditional phases, the Responsible Person

The documents constituting the draft contracts are prepared

contracts must, in agreement with the minister in charge of

provided by the competent services of the contracting authority or the

investments for public administrations and with

delegated contracting authority, under the responsibility of the Person

deliberative bodies for public administrative establishments

responsible for markets. For the realization of pre-

and decentralized territorial collectivities, provide for the

alables and the establishment of market projects, it can be

programming of expenses related to each financial year.

calls on any resource person.
Article 27: Contracting authorities or project owners
Article 23: When establishing their budget, teachers

delegates make known by means of a general notice of appeal

works assess the total amount of supply contracts

offers published in the official bulletin of public procurement, the

tures, by product category, of service contracts by

essential characteristics of works contracts, supply

category of service and the works contracts they are considering

tures and services, which they intend to spend during the year and of which

From May 2009
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Official Journal of the Republic of Congo

the amounts equal or exceed the thresholds for awarding

9

a) in respect of the candidates' offer:

public markets.
- In addition to the price of the offer, the evaluation criteria forwould include, in particular:

TITLE III: AWARD OF PUBLIC CONTRACTS

- the execution time;
- the cost of operating equipment or infrastructure

Subtitle I: General procurement rules

proposed tures;

public procurement

- customer service ;
- the terms and schedule of payment.

Article 28:
1) Public contracts are awarded after competitive

However, for certain types of markets, in particular

rence of potential candidates on call for tenders.

markets in the information and textbook sector
laires, an evaluation system based on score (points)

2) They may exceptionally be allocated according to the procedure

can be used.

lasts by mutual agreement under the conditions defined in this
decree.

b) for the qualification of candidates:

3) The contracting authority or the delegated contracting authority is,

- the means, resources and expertise at their disposal;

especially in terms of works contracts, held before

- their professional and financial capacity;

launch of the consultation, to ensure availability

- their positioning in the event that they intervene in

land rights of way and the conditions for their use.

status of subsidiary of a group;
- their references.

4) Open tendering is the rule; the use of any other
public procurement method must be exceptional,

Section 2: Types of invitation to tender

justified by the contracting authority or the delegated contracting authority
and be authorized in advance by the general management of

Article 30:

competent public procurement control.
1) The invitation to tender may be open or restricted or with
5) Contracts for intellectual services are awarded after

competition.

consultation and submission of proposals, in accordance with
provisions of articles 65 et seq. of this decree.

2) The invitation to tender is only valid if, after having complied with all
your regulatory provisions, the contracting authority or the

6) Contracting authorities must resort, when the value

delegated contracting authority has received at least one submission

estimated contract is below the fixed award thresholds

deemed compliant.

by the decree mentioned in article 4 of this decree, to
consultation procedures for contractors, suppliers

Sub-section 1: From the open call for tenders

suppliers, service providers, or price solicitation, to
provided that the procedures implemented respect the

Article 31:

principles of this decree.
1) The call for tenders is said to be open when any candidate, who
7) Any supplier, service provider or contractor can

meets the conditions set out in article 54 of this decree,

to freely apply for public contracts under the conditions

may submit a prequalification request or an offer.

tions provided for by this decree; he enjoys equality
processing in the examination of his application or his offer.

2) The tender dossier is, after publication of
the opinion, made available to each candidate who makes it

8) Public contracts are subject to the tax and customs regime.

request, against payment of the related costs, the scale of which

deny in force, except for express derogations provided for by the

is set by the Public Procurement Regulatory Authority.

legislative or regulatory texts, and subject to the provisions
terms of financing agreements for external aid or

Notice of open tender is published at least thirty days

international conventions and agreements.

before the deadline set for receipt of tenders. The punotice is made by inserting notice in public
authorized, international or national, or on

SUB-TITLE II: TENDER PROCEDURES

official websites. The publication may additionally be made by

PUBLIC PROCUREMENT

poster lane.

Chapter 1: Contracts by invitation to tender
A call for tenders is declared unsuccessful after consulting the comcompetent procurement mission in the absence of

Section 1: General

proposals or offers in accordance with the tender documents.
Article 29:
The decision declaring the tender unsuccessful is published
1) The tender procedure is concluded without negotiation,

by the contracting authority or the contracting authority delegated by

on the basis of objective evaluation criteria beforehand

inclusion in the public procurement journal kept by the

brought to the attention of the candidates in the appeal file

regulatory authority for public procurement or any other

offers and expressed, as far as possible, in terms of

authorized publication.

my money.
In this case, either a new call is made
2) The choice of the tenderer takes into account the following criteria

offers, or a consultation of at least three companies

fronts, provided by way of example, which may or should be included

neurs, suppliers or service providers, and in the latter case

pleted according to the nature of the purchase, and according to the provisions

after authorization from the Directorate-General for the Control of

included in the tender documents.

public markets.

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Official Journal of the Republic of Congo

Special Edition N ° 2-2009

3) The offers submitted by the tenderers must be

The use of the two-stage call for tenders procedure

signed by them or by their duly authorized representatives

must be justified and subject to the prior authorization of the

without these same representatives being able to represent more

general control of public contracts.

of a tenderer in the procedure relating to the same
market.

Sub-section 2: Restricted invitation to tender

4) The offers are accompanied by a deed of engagement from the

Article 37: The call for tenders is said to be restricted when only

tenderer who must be signed by the latter or his

wind to submit offers, the candidates that the client

duly authorized representative.

or the delegated contracting authority has decided to consult. The nameThe number of candidates admitted to tender must ensure a

The submission is transmitted by any means allowing

real competition. It is then proceeded as in matter

determine with certainty the date and time of its receipt

open tender.

and guarantee its confidentiality.
The call for tenders procedure cannot be used.
Article 32: The open call for tenders may be preceded by a

issued only after consultation with the Directorate-General for the Control of

pre-qualification in the case of works or equipment

public contracts for the award of the following contracts:

large or complex or specialized services.
- markets for which the pressing urgency resulting from
The prequalification report is drawn up by the project manager.

unforeseeable circumstances for the client or

ge or the delegated contracting authority, accompanied by the

delegated contracting authority is not compatible with the

invitation to tender dossier including the proposed res-

deadlines required by the tendering procedures and in particular

hugs of pre-qualified candidates.

ment to cope with pressing emergencies
arising from a natural or technological disaster;

The examination of the qualification of candidates is carried out exclusively

- contracts which gave rise to an unsuccessful call for tenders

ment based on their ability to execute the contract

killer; contracts for works, supplies or services which

satisfactorily and according to the following criteria:

are carried out only for research, testing, experimentation
rimentation or focus;

- references concerning similar markets;

- the contracts that the client or the client

- workforce;

delegate must have it performed in place of the holders

- facilities and materials available to candidates for

defaulters and at their expense and risk;

- execute the contract;

- contracts for goods, works or services, which, in

- financial situation.

due to their nature, can only be achieved by a
limited number of suppliers, contractors or pres-

Article 33: The prequalification file contains at least:

service providers.

- information relating to works, supplies, or

Sub-section 3: Call for tenders with competition

services which are the subject of prequalification;
- the prequalification criteria;

Article 38: When technical, aesthetic reasons

- a precise description of the conditions to be fulfilled to be

or financial justify specific research, the call

pre-qualified;

offers may be accompanied by a competition. The provisions of

- the deadlines within which the results of the prequalification

Articles 65 to 70 concerning the contracts of intelligent services

will be known to the candidates.

The guidelines apply to this type of call for tenders.

Article 34: The procurement commission examining

The competition focuses on the design of a work or product

does the files and retains all candidates completing the

architectural jet.

prequalification conditions referred to in article 31 above.
The competition takes place on the basis of a program established by the
Article 35: When the client or the client

contracting authority or delegated contracting authority who indicates the

The delegate makes his choice on the basis of performance criteria.

needs to be met by the service and fixes the case

this and not detailed technical specifications, the market

the maximum expenditure planned for the execution of the

can be the subject of a two-stage call for tenders. The case

budget.

the call for tenders in two stages is preceded by a preliminary
qualification conducted in accordance with the provisions of Articles 32 and

The provisions of Articles 65 to 70 relating to contracts

33 above.

intellectual services apply to this type of call
offers.

Article 36: In the two-stage tendering procedure,
applicants are first invited to submit proposals

Article 39: The call for tenders with competition is carried out according to the

technical, without price indication, based on principles

open or restricted tendering procedure.

general design or performance standards, and under
reserve of further details and adjustments of order also

Article 40:

technical as well as commercial.

1) The specific regulations of the call for tenders with competition

Following the assessment by the client or the owner

must provide for bonuses, rewards or benefits to be allocated

delegated work for technical offers under the first

to the highest ranked bidders:

stage, bidders who meet the minimum accepted
table of qualification criteria and who submitted an offer

a) either that the winning projects become in whole or in part

technically compliant are invited to participate in a second

property of the client;

stage during which they present proposals

b) either that the contracting authority or the delegated contracting authority

definitive techniques with prices, based on the dossier
call for tenders previously revised by the contracting authority or

reserves the right to have the contractor or the

the delegated contracting authority.

supplier of his choice, all or part of the winning projects,

From May 2009
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Official Journal of the Republic of Congo

11

on payment of a fee set in the

Article 43: The specific call for tenders regulations must specify

specific tender regulations itself or determined

ser, among others:

born subsequently amicably or after expertise.
a) the presentation and constitution of tenders;
2) The specific regulations for the call for tenders with competition

b) the conditions for rejecting tenders;

must, in addition, indicate whether and under what conditions

c the bid evaluation criteria:
- for works, supplies and services contracts

of art, authors of the projects, are called upon to cooperate in

defects, criteria such as cost of use, price,

the execution of their award-winning project.

profitability, quality, technical merit, service
of this article may not be granted in whole or in

after-sales and technical assistance, the lead time
tion, the payment schedule must be objective, in

party if the projects received are not deemed satisfactory.

related to the subject of the contract, verifiable, and quantified

3) The premiums, rewards or advantages provided for in paragraph 1

wheat, and expressed in monetary terms;
- for intellectual services markets, the criteres must be detailed by sub-criteria. Those-

4) The performances are examined by a jury whose members
bres are appointed by the contracting authority or the contracting authority.

these must be objective, verifiable and as much as possible

delegated work. At least one third of the jury members are

ble qualitative.

composed of personalities with skills in the
d) the methods and criteria for awarding the contract;

subject of the competition.

e) the prequalification and postqualification rules,
optionally.

The list of jury members is submitted for opinion to the committee.
competent procurement mission. This notice must

Article 44: The specifications determine the conditions
in which the contracts are executed. They understand the

be given within seven days of the referral of the said order
mission.

general documents and the following specific documents:
5) The results of each competition are recorded in a
a) the general administrative clauses which fixes the
provisions relating to the execution and control of

minutes by the jury which formulate a reasoned opinion relating
all the circumstances of the transaction.

public checks, applicable to a category of contracts;
b) the special administrative clauses

6) The projects of unsuccessful competitors are returned to them.

which set the administrative and financial arrangements
specific to each market;

Section 3: Content of the files

c) all other technical specifications and general documents
and specific documents defining the characteristics

Article 41: The tender dossier includes the documents

works, supplies or services and services
intellectual ideas.

below, written in French:
(a) the notice of invitation to tender;

Article 45: Works, supplies of goods and services

b) the general administrative clauses;
c) the specific regulations for the call for tenders;

services that are the subject of a public contract or delegation
of public service are defined by reference to standards, approved

d) the book of special administrative clauses;

commonly recognized technical elements or specifications

e) the general technical clauses;

by professionals at national level, or, failing this,

f) the special technical clauses, the terms

national standards, by reference to standards or approvals
technical or international specifications.

reference or description of the supply;
g) the framework of the unit price schedule;

These rules can only be waived:

h) the framework of the estimated detail including the quantities to be
execute;

- if the standards, technical approvals or specific

i) the price sub-itemization framework;

national or international technical provisions do not contain

j) the standard forms relating in particular to the submission and

have no provisions regarding the establishment of the

the caution ;

compliance or if there are no technical means available
establishing satisfactorily the compliance of a

k) where applicable, plans, drawings, calculation notes,
technical documents or any other document deemed

product to these standards, technical approvals or

required by the client or the client

technical specifications ;

delegate.

- if these standards, technical approvals or specific
national or international technical requirements impose

Article 42: The invitation to tender notice must mention in particular:

the use of products or materials incompatible with
installations already used by the client or the

a) the reference of the invitation to tender including the number,

delegated contracting authority or entail disproportionate costs
proportionate or disproportionate technical difficulties,

identification of the procurement commission
and the contracting authority or the delegated contracting authority,

but only as part of a clear strategy-

subject and date of signature;

clearly defined and recorded for a passage, in a

b) financing;
c) the type of invitation to tender;

determined deadline, standards, technical approvals
or to national or international technical specifications

d) the place or places where one can consult the tender

nals;

fres;

- if the project concerned constitutes a real innovation

e) the qualification of candidates and the conditions of acquisition

for which the use of standards, approvals
technical or national technical specifications,

tion of the tender dossier;
f) the place, date and cut-off times for filing and opening

or failing that existing internationals would be inappropriate.

offers ;
g) the period during which the candidates remain engaged by

Section 4: Advertising and the deadline for submitting offers

their offers;
Article 46: Public contracts by call for tenders, of which the

h) the conditions to be met by the tenders,

amount is greater than or equal to the threshold set by the decree referred to in

in particular the amount of the tender deposit.

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Special Edition N ° 2-2009

article 4 of this decree, must be the subject of a notice

Section 6: Candidates for contracts

call for competition brought to the attention of the public by
an insertion made, in the same terms, in a publica-

Sub-section 1: Conditions to be fulfilled for
tender

national and / or international and in electronic mode,
according to a model document which will fix the obligatory mentions
Article 53:

roofs. This obligation also applies to advance notices
qualification.

1) Cannot tender, natural persons or
moral standards below:

Failure to publish the notice is penalized by nullification.
summer of the procedure.

a) people who have not subscribed to the planned declarations
by the laws and regulations in force or not having acquired

Article 47: In open and restricted procedures, the

duties, taxes, levies, social contributions, contribu-

deadline for receipt of applications or offers cannot be

tions, royalties or levies of any kind

less than thirty calendar days for higher markets

it would be ; the public procurement regulatory authority sets the

at the thresholds provided for by the decree mentioned in article 4

list of documents to be presented in order to allow

of this decree, from the publication of the notice.

missionaries to meet this requirement;
b) persons in a state of receivership or liquidation

When the notices and the tender documents are prepared and

dation of goods;

sent by electronic means, delivery times
offers in open and restricted procedures, remaining

c) persons subject to one of the prohibitions or forfeiture

rent identical to those indicated in the above paragraph.

those provided for by the texts in force, in particular, the code
criminal law, the general tax code and the customs code;

Article 48: In case of duly justified emergency, not requiring
not an immediate intervention, the deadlines referred to in Article 47

d) persons having business relations with the consul-

above can be reduced to twenty calendar days. The

all involved in preparing all or part of the files

decision to have recourse to the emergency procedure must be

call for tenders or consultation;

created by the general direction of control of public contracts.
e) legal entities in which the Responsible Person
of the markets or one of the members of the

Section 5: Dematerialization of procedures

procurement, the evaluation sub-committee
tion of offers, from the Directorate-General for the Control of

Article 49: Exchanges of information taking place in accordance with

public procurement or the competent authority to approve the

cation of this decree may be the subject of a transmission

public contract where the public service delegation has

electronically under the conditions defined in

financial or personal interests of any kind

Articles 50, 51 and 52 below.

it would be ;

Article 50: Call for tenders or consultation documents

f) persons found guilty of breaching the regulations

can be made available to candidates by

public procurement or excluded from procurement procedures

electronically under the conditions set by decree, under

procurement by a definite court decision

reservation that these documents are also made available

ve in criminal, tax or social matters or by a decision

tion of candidates by post, if they so request.

the regulatory authority for public procurement.
2) Bids submitted by natural persons or

Article 51: Unless otherwise provided for in the notice of appeal

legal entities referred to in the above paragraph are inadmissible.

pel to candidacies or the invitation to tender, the candidacies
and offers can also be communicated to the master

3) The above mentioned rules also apply.

or to the delegated contracting authority by electro-

bles to subcontractors.

fuck.
Sub-section 2: Justification of the required capacities
Article 52: The provisions of this decree which refer to
Article 54: Any candidate who has the technical capacities

reference to writings do not preclude the replacement of

nics and financial capacities necessary for the execution

these by a medium or an electronic exchange in the

a public contract or a public service delegation, as well

to the extent that such provisions are applicable to acts of

that experience in the performance of similar contracts should be

the Person responsible for contracts.

see participate in procurement procedures
public and public service delegations.

The tools used to communicate by electronic means
nics, as well as their technical characteristics, must

Article 55: Contracting authorities or project owners

be non-discriminatory in nature, be fluent in

delegates should invite applicants and tenderers to

available to the public and compatible with information technology

justify their technical capacities as defined by

training and communication generally used.

the tender documents, and their possible registration
to a professional register (trade and credit register
furniture, trade and company register, register of

Communications, exchanges and storage of information

trades).

tions are made in such a way as to ensure that the integrity of the
born and confidentiality of offers and requests to participate

Other justifications for technical capacities may be

cipation are preserved and that the contracting authorities or

required on condition that they are duly motivated by the

delegated contracting authorities do not take cognizance of the

characteristics of the public contract or of the delegation of services

content of offers and requests to participate only in the

vice public and approved by the Directorate-General for Control

piration of the time limit provided for the presentation of these.

public procurement.

From May 2009
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This obligation may also apply to subcontractors
depending on the importance of their intervention in the execution of the

Official Journal of the Republic of Congo

13

Sub-section 4: Inaccuracy and falsity
mentions

market or public service delegation.
Article 58: The inaccuracy of the mentions affecting the capacities
In defining the technical capacities required, the

technical and financial cities and administrative documents

contracting authorities or delegated contracting authorities must not

requested in the tender documents or their falsity is

take no discriminatory provision, in particular that

communicated to the public procurement regulatory authority

aimed at hindering the access of small and medium-sized businesses

with a copy to the Directorate-General for Contracts Control

taken in public contracts or public service delegations.

public, for examination of the extent of the fraud and
sanctions, if applicable.

In public service procurement procedures
vices, when candidates or tenderers need

Section 5: Admissibility and examination of tenders

specific authorization or must be members of a
specific organization to be able to provide the relevant service

Article 59:

born, the client or the delegated client may
ask them to provide proof of this authorization or

1) Subject to the provisions of Articles 49 et seq.

their membership in this organization.

relating to dematerialization, the offers are sent under cover
closed, stamped and sealed, bearing the number and subject of the call

closed, stamped and sealed, bearing the number and subject of the call
Article 56: The proof of the economic and financial capacity

offers. No indication of identity should be given

candidate is made up of one or more of the referees

of the tenderer, under penalty of rejection. In the case of

following references:

intellectual services markets, the technical offer and
the financial offer must be placed in two separate envelopes

- appropriate declarations from banks or organizations

under the same conditions

authorized financial institutions, or, where applicable, proof of

than previously.

professional risk insurance;
- presentation of balance sheets or extracts from balance sheets;

2) The envelopes containing the offers must be deposited against

- a statement concerning the overall turnover and,

receipt at the place indicated in the invitation to tender, without pre-

where applicable, the turnover of the business area

judice of the dematerialization procedure.

subject to the contract or delegation, for, at
maximum, the last three financial years depending on the date

3) Upon receipt, the envelopes are given a serial number,

of the creation of the company or the start of the activity of the sub-

indication of the date, time of delivery, and recorded

shareholder, insofar as the information on these figures

in the order of arrival on a special register issued by

business frescoes are available;

the Public Procurement Regulatory Authority. They must stay

- the unique identification number.

closed and sealed until they are opened.
Contracting authorities or delegated project owners
4) Only envelopes received under the conditions can be opened.

specify, in the contract notice or in the invitation to tender

fixed above.

of the references referred to in paragraph 1 of the above
feel the article they have chosen, as well as the other references

Subject to the specific provisions applicable to

evidence that must be produced. If for some reason

for intellectual services, the opening session of the

justified, the tenderer is unable to produce

folds is public.

the references requested by the client or the owner
delegated work, it is authorized to prove its economic capacity
mical and financial by any other document considered

5) The opening of the recount session must take place on

appropriated by the client or the delegated client

last day of the deadline for submitting files, at

ford.

the hour following the closing date for receipt of the files. If the
last day is a non-working day, the opening is postponed

However, only the capacity of the tenderer whose offer

on the first following working day. This session should be chaired

is assessed as the lowest priced is reviewed prior to

appointed by the Person responsible for contracts, in the presence of

making the award decision.

candidates or their representatives who wish to be presmells.

Sub-section 3: Procedures for certifying candidates
6) The person responsible for public contracts draws up the list
Article 57: The contracting authority or the delegated contracting authority

bidders in their presence and examines the documents

may ask candidate companies to produce a

supporting documents produced; it identifies the candidates' offers,

qualification certificate. This certificate is issued, according to

which are not admissible or which are not accompanied

objective and transparent criteria, by the official body

eliminatory documents mentioned in the file

responsible for the certification of companies.

tender.

This organization establishes and publishes a constantly updated list

7) The name of each candidate, the amount of each bid and

up-to-date and subject to regular control by the regulatory authority

of each variant, and where applicable, the amount of discounts

public procurement.

proposed, are read aloud; the presence or absence of
offer guarantee is also mentioned. These informs

The client or the delegated client may not

are recorded in the minutes of the regular meeting.

require the production of such a certificate to justify

verture; this report, to which is attached the signed list of

technical cities of the tenderers on an exclusive basis or

people present, is countersigned by the members of the

discriminatory way.

procurement commission and published by the
Person responsible for contracts; it is returned without delay to
all bidders who request it.

In the case of pharmaceutical products, a certification
cation from the World Health Organization or any
other equivalent body, national or international, is

8) Offers received after the dates and times

requested.

deposit limits are inadmissible.

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Special Edition N ° 2-2009

9) In the context of procedures characterized by a

5) Analysis and summary reports are submitted to the Commission

restricted consultation of candidates, in particular in the case of

competent procurement mission. At the end of his

a prequalification, a restricted call for tenders, and in

analysis session, the latter makes proposals for attribution

in terms of intellectual services, when a minimum of

bution in accordance with the terms set out in Articles 62 and following

two envelopes has not been delivered by the deadline for receipt

of this decree.

tion of tenders, the contracting authority or the delegated contracting authority
ford noted the unsuccessful nature of the call for tenders. Sure

6) In the event of a discrepancy, a member of the

opinion of the procurement committee, the master

markets may make its opinion known by rating

or the delegated contracting authority opens a new

written to the public procurement regulatory authority.

period which may not be less than fifteen working days and which
brings to the attention of the public, those of the bidders

Sub-section 2: National preference

having submitted their offers on time and being able, if they
wish to withdraw them for a new submission.

Article 62: When awarding a contract, companies
nationals can benefit from a reduction of 7.5 to 10%

At the end of this new deadline, the commission for the award of

for works contracts and a maximum of 15% of their

markets can carry out skinning operations, which

financial offer for other types of market. This preferred

regardless of the number of offers received.

national authority cannot be invoked if it has not been provided for
in the tender dossier.

Article 60:
Within the meaning of this decree, the term national enterprise
1) Bidders' offers must comply with the

tends to any company or company having its registered office at

provisions of the tender documents.

Congo.

2) The tenderer may propose, in addition to the basic tender,

When launching a call for tenders, a preference may

variants when requested or when the possibility

also be attributed to certain categories of companies

this is explicitly offered to them in the dossier.

subject to social protection resulting from the legislation

tender.

tion in force. This preference should be quantified in the
tender dossier and may not be relied on when the back-

3) When the variant is requested, the tender dossier

his call for tenders already provides for a preference in favor of

must clearly specify how the variants are to be

national companies.

may be taken into account for the evaluation of tenders,
in particular when the allocation is made on the basis of their

Chapter 2: Purchase Order Markets

own merit.

and customer markets

4) Only the variant of the tenderer who proposed the offer

Section 1: Purchase order markets

lowest priced base will be taken into consideration,
when the variant is not requested.

Article 63: Contracts with order forms are the markets
the purpose of which is to enable the contracting authority to

Section 6: Evaluation of tenders

meet its annual current needs for supplies that are not
not possible, at the beginning of the year, to predict the importance

Sub-section 1: The procedure for evaluating tenders

exact, or which exceeds the storage possibilities; these
contracts are subject to the provisions of this decree.

Article 61:
Purchase order contracts, the duration of which cannot be
1) The copies of the offers received are entrusted to a sub-

exceed one year renewable once, indicate the limits

analysis commission for evaluation and classification.

maximum and minimum of the overall service to be provided, these
limits that can be expressed either in quantity or in value.

2) The analysis subcommittee draws up an analysis report
within a prescribed period when the envelopes are opened, by the

They must be allocated on the basis of the quantities required.

competent procurement mission. Within this period,

planned for the initial year of the conclusion of the contract.

which can in no case exceed thirty days, it must be
assigned to the verification of administrative documents and the assessment

The renewal of the purchase order contract is subject to

tion of technical and financial offers.

the authorization of the general management of the control of
public funds and the control of the market regulatory authority
cés public which draws up an annual report to this effect.

3) The analysis report is the subject of a single document, paraphé and signed by all the members of the sub-committee

Section 2: Customer markets

analysis.
4) The Person responsible for the contract may, on proposal

Article 64: Customer markets are those through which the

of the analysis subcommittee, ask for submissions

contracting authority or the delegated contracting authority undertakes to

naires for clarification of their offers. Thinning

entrust, for a limited period, and which may not exceed one

information requested and provided in writing cannot under any circumstances

year, renewable once, the execution of all or part of

way, have the effect of modifying the elements of the offer in order to

certain categories of services, defined by the

to make it more competitive.

regulations in force, following orders made to
as and when required. These markets are subject to
provisions of this decree.

The tenderer has a period of seven clear days
to provide the clarifications requested.

The renewal of the customer market is subject to selfThe clarifications of the tenderers are the subject of a

risation of the General Directorate of Contracts Control

summary report initialed and signed by all members of

authorities and the control of the French Market Regulatory Authority

the analysis sub-committee.

public who draw up an annual report to this effect.

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Chapter 3: Markets for intellectual services

15

2) Under no circumstances can negotiations be conducted
with more than one candidate at a time.

Article 65: Contracts for intellectual services recover activities which have as their object services to

3) These negotiations must not relate to unit prices

mainly intellectual character, the predominant element of which

when the price has been taken into consideration as one of the

nant is not physically quantifiable; they include in particular

criteria for comparing offers. They are sanctioned by

studies, project management, assistance services

a report signed by both parties.

technique of various kinds and delegated project management
ford. They are awarded after competitive bidding

4) Once these negotiations are concluded, the other bids

prequalified dates.

naires are informed of the rejection of their proposal.

Article 66: The shortlist of prequalified candidates is

5) When the services so require, the selection of a

stopped following a request for expression of interest

consultant, because of his unique qualification or the need

which includes the terms of reference, the invitation letter

to continue with the same service provider, can intervene by

indicating the prequalification criteria, and their mode

direct agreement.

detailed application, as well as the draft contract. The request
expression of interest indicates, where applicable, the

Article 70: The contracts referred to in article 65 above shall not

exclusions from future participation in works contracts,

can be spent only with consultants who agree to

supplies and services that would result from services that

comply with the provisions of Article 137 relating to

are the subject of the invitation.

control of specific prices during the performance of services
tions.

Applicants are prequalified due to their ability to
perform the services in question and on the basis of the criteria

Chapter 4: Over-the-counter markets

published in said solicitation, subject to the provisions
international conventions.

Article 71: A market is said to be by mutual agreement or by agreement
direct when it is made without a call for tenders, after authorization

The client or the delegated client invites by

special notice of the Directorate-General for Contracts Control

letter the consultants who have been retained on the res-

competent audiences. The request for authorization to use

treinte, to submit proposals for the supply

this procedure must describe the reasons justifying it.

services, subject of the mission; they are given a deadline
submission which could not be less than thirty days without

Article 72: No contract may be made by mutual agreement

the opinion of the Directorate-General for Public Procurement Control.

in one of the following limiting cases:

Offers are received no later than the day and time men-

- when the needs can only be met by a

mentioned in the letter. If this day is a non-working day, they

service requiring the use of an invention patent,

will be received the first following business day.

a license or exclusive rights held by a single
entrepreneur, one supplier or one service provider;

The opening of tenders takes place in two stages. In one

- when the contract can only be entrusted to a service provider

first, the technical offers are open and evaluated.

determined for technical and artistic reasons;

read in accordance with the criteria defined below. In one

- in cases of extreme urgency, for works, supply

second stage, only the tenderers having presented

ture or services that the client or the owner

technically qualified and compliant offers see

delegated work must have it executed in place of the en-

their open financial offers. Other financial offers

the defaulting contractor, supplier or service provider;

are returned, unopened, to bidders

- in the event of a pressing emergency motivated by circumstances

whose technical offers have not reached the minimum score

force majeure not allowing compliance with the

announced in the request for proposal.

deadlines provided for in the tendering procedures, necessitating
both an immediate intervention, and when the master of

The opening of financial offers is public and subject to

work or the delegated contracting authority could not foresee the

Qualified shareholders are invited to participate.

circumstances which gave rise to the emergency;
- in the case of special contracts defined in Articles 75

Article 67: The allocation is made, by reference to a qua-

and following of this decree.

minimum lification required, either on the basis of the technical quality
nique of the proposal, in particular the experience of

Article 73: Contracts by direct agreement cannot be

intake, qualification of experts and work methodology

past only with contractors, suppliers or service providers

proposed, and the amount of the proposal, either on the basis

taires of services who agree to submit to a control

a predetermined budget for which the consultant must propose the

specific prices during the performance of the services.

best possible use, or on the basis of the best

The market specifies the accounting obligations to which the

financial proposal submitted by candidates who have obtained

contract holder will be subject, and in particular the obligation to

the minimum score required.

present their balance sheets, profit and loss accounts and accounts
operating costs, as well as its operating cost accounting

Article 68: In cases where the benefits are of a

tion or, in the absence thereof, all documents of a nature to

exceptional plexity or of considerable impact or

put costing.

even when they give rise to difficult proposals
comparable, the consultant can be selected exclusively

Article 74: Contracts awarded by mutual agreement

vement on the basis of the technical quality of its proposal.

must be previously and exceptionally authorized by
the general directorate for the control of public contracts

Article 69:

tent on the basis of a special report drawn up by the commission
contracting authority or master

1) Contracts may be the subject of negotiations between the

of delegated work, at the time of the approval of the

contracting authority or the delegated contracting authority and the candidate

procurement and at the end of an analysis session of the

whose proposal is accepted.

reasons justifying recourse to the mutual agreement procedure.

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Chapter 5: Special markets

Special Edition N ° 2-2009

- when, in the event of extreme urgency, noted by the management
general control of public contracts, requiring

Article 75: Special contracts are contracts relating to

immediate intervention to ensure continuity

national defense, security and strategic interests

public service, it would not be possible to open a

of State.

selection procedure with competitive tendering;
- when only one source is able to provide the service

A decree in the Council of Ministers will set the rules of passage

request.

tion, control and execution of said contracts in the
compliance with the provisions of this Code.

Article 81: The delegating authority and the operator selected, at the end of
of the selection process initiate negotiations with a view to

Article 76:

to adopt the final terms of the delegation agreement
public service. These negotiations cannot call into question

1) Contracts which include secret clauses for

the basis for awarding the concession.

security reasons and the strategic interests of the State, will
the subject of the decree provided for in article 75 above.

Article 82: The attribution of the delegation agreement
public service is carried out on the basis of the optimum combination

2) These contracts relate only to the acquisition of all equipment

the various evaluation criteria provided for in the file

equipment or supplies and services of any kind

tender, such as specifications and performance standards

directly linked to national defense, security and

planned or proposed, the quality of public services

strategic interests of the state.

aimed at ensuring their continuity, the tariffs imposed on users
gers or donated to the State or to the public authority, the cost,

Chapter 6: Delegation of public services

the amount and rationality of the financing offered, any other
revenue that the equipment will provide to the delegating authority

Article 77: The State and decentralized local communities

and the retrocession value of the facilities.

may enter into service delegation agreements
public, in accordance with the provisions of this decree. The

Article 83: The delegating authority publishes a notice of allocation of

procedure for selecting the delegatee must first be

public service delegation agreement. This notice should

validated by the Directorate-General for Contracts Control

the delegatee and include a summary of the main

public.

clauses of the delegation agreement.

Article 78: The signing of the delegation agreement

Article 84: Administrative bodies for the control of

public service must be preceded by an advertisement likely to

The public authorities are also competent to control the

allow the clearest possible information on the project

public service delegation award procedures

considered, according to the rules defined in article 46 of this

in accordance with the terms determined in Articles 77 et seq. of the

decree.

this decree.

The deadline for receipt of tenders is at least

Chapter 7: Markets with community participation

forty five calendar days, from the date of publication
notice.

Article 85: When the participation of persons or associations
informal associations or future beneficiaries of benefits

Article 79: Candidates must be prequalified

is a necessary element for the success of

very organized. The latter must prove that they

works or services, such participation is governed by a

meet the prequalification criteria that the Authority

manual of procedures prepared with the assistance of the Authority

glove deems appropriate. The purpose of this prequalification is

regulation of public procurement.

identify potential co-contractors who offer guarantees
sufficient technical and financial resources and which have the
city ​to ensure the continuity of the public service of which they will be

SUB-TITLE III: THE AWARD PROCEDURE

delegatees.

PUBLIC PROCUREMENT

Article 80: The selection of offers must be made, following

Article 86: The award of public contracts is carried out according to

an open tender procedure, or in two stages, under

the following criteria:

subject to the exceptions referred to in this article.
a) the award of works, supplies and
When the delegating authority has technical specifications

services is carried out on the basis of economic, financial

detailed specifications and performance criteria or indicators

ciers and techniques, mentioned in the appeal file

For precise results, the selection is done in a single step.

offer, in order to determine the lowest evaluated compliant offer

In this case, following the prequalification, it proceeds

saying. These evaluation criteria, such as the cost of

dera, through an open call for tenders.

tion, price, profitability, quality, technical merit,
after sales service and technical assistance, the lead time

The selection of the delegatee can also be done in two

cution, and the payment schedule are objective, in relation to

steps. The pre-qualified candidates submit, first of all,

port with the subject of the contract, quantifiable and expressed in

technical proposals without price indication, on the

monetary terms;

basis of general design principles or standards of
performance. Once the proposals are received and reviewed,

b) the invitation to negotiate the market for high-pressure markets

the delegating authority may invite, after having possibly

intellectual tations is addressed to the consultant who brings together

revised the initial specifications, bidders to pre-

the conditions below:

feel the technical proposals accompanied by a price.
- for the selection method which combines quality
Exceptionally, the delegating authority may also have

technical and cost: to the tenderer presenting the

recourse to the procedure by direct agreement according to the

highest score by combination of technical criteria

defined in articles 71 et seq. of this decree, in the

nical and financial in accordance with the provisions of

following cases:

Articles 65 et seq. of this decree;

From May 2009
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Official Journal of the Republic of Congo

- for the quality-based selection method

17

Article 89: If the client or the client

technical only: to the consultant who obtained the

delegate decides that the tendering procedure is canceled,

best technical score or came first on the basis

it makes a reasoned request to the general management of

its technical note;

control of public contracts. Any disagreements will be

- for the selection method based on a pre-budget

decided by the Public Procurement Regulatory Authority

determined: to the consultant who came first on the basis of

in accordance with the provisions of the texts in force.

his technical score or having obtained the best score
technical, and whose financial offer is at the maximum

The contracting authority or the common delegated contracting authority

equal to the proposed budget;

denies the cancellation decision and its reasons for submissions

- for the least cost selection method: at

naires.

consultant who proposed the lowest financial offer
among the consultants whose technical note was

Article 90: In the event of an allotment, the provisions

achieved the minimum required or having obtained the tech-

Articles 86, 87, 88 and 89 of this decree are applicable

minimal picnic.

to each of the lots.

Article 87: Once she has made her choice, the sub-committee

Article 91: The Procurement Commission may

evaluation of the offers draws up a report which

require the candidate to increase the performance bond,

his proposal and which is signed by the members present.

rejection of abnormally low offers that cannot be made
only if the latter has not made this increase.

He mentioned :
Article 92: The person responsible for the contract has a
- the tenderer (s) provisionally selected;

period of seven days for the signature of the contract from

- the name of the excluded tenderers and the reasons for their

the date of receipt of the draft contract adopted by the

rejection and, if applicable, the reasons for rejection of the offers considered
abnormally low;

Competent procurement commission and subscribes
by the contractor.

- the main provisions allowing the establishment of the
or markets and, in particular, its subject, its price,

Article 93: Except in the context of procedures by agreement

deadlines, the proportion of the contract that the tenderer intends

direct, no negotiation takes place between the client

to subcontract to third parties and, where applicable, the variations

or the delegated contracting authority and the tenderer or the awardee

your taken into account;
- the name of the successful tenderer and the evaluated amount of his tender;
- with regard to procedures by call for tenders res-

target on the submitted offer.
Article 94: Before signing any contract, the contractors

treint, by call for tenders in two stages or by agreement

works or the delegated contracting authorities must provide their

direct, indication of the circumstances justifying the

contracting parties proof that the credit is available and has been

use of these procedures;

Reserve.

- if applicable, the reasons why the project manager
ge or the delegated contracting authority has given up

The general direction of control of public contracts has the

market.

responsibility for ensuring the compliance of the procedure
applied to regulations.

The report, drawn up according to a standard document, is presented,
for approval, to the Procurement Commission.

When the award of a contract has been subject to the obligation

It is validated, if necessary, by the general control department.

prior authorization and that this obligation has not been

the public procurement and is the subject of a publication.

respected, the market sucks.

The contracting authority or the delegated contracting authority assigns the

The contracting authority or the delegated contracting authority may

market, within the period of validity of the offers, defined in the back-

ask the successful bidder to confirm the package

call for tenders, to the tenderer whose tender satisfies

their qualifications, prior to signing the contract.

under the conditions of this decree.

Once the selection procedure has been validated, the contract is signed

Article 88: The award is notified to the tenderer

by the Person responsible for the contract and the successful tenderer.

retained. The other tenderers are informed of the nonselection of their offer; their deposit is, where applicable, returned

Article 95: Public contracts are transmitted by the master

killed.

contracting authority or the contracting authority delegated to the competent
te to approve them.

The contracting authority or the delegated contracting authority publishes the
minutes of attribution or communicate it to all candidats discarded at the same time as the communication of the

The contracting authority or the delegated contracting authority is responsible for

provisional award decision to the successful tenderer.

ability to have the contract approved within the validity period

In all cases, the client or the client

offers.

delegate is required to communicate in writing to any submission
the reasons for the rejection of his offer, the amount of the

Approval can only be refused by a decision

contract awarded, the name of the successful tenderer, as well as a copy of the

reasoned, made within thirty calendar days of the trans-

award report, within five working days

mission of the approval file and subject to appeal

bles from the receipt of his written request

before the public procurement regulatory authority by any
party to the contract.

The contracting authority or the delegated contracting authority observes a
minimum period of fifteen days after the publication referred to in the a-

The refusal of visa or approval cannot however intervene

previous line, before signing the contract and

only in the event of absence or insufficiency of credit.

to submit it for approval to the competent authorities.
Contracts that have not been approved are void.
Within this period, the tenderer must, under penalty of foreclosure
tion, exercise the remedies referred to in Articles 141 et seq. of

Article 96: Contracts, after completion of formal

this decree.

registration with the General Directorate of

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Special Edition N ° 2-2009

taxes, must be notified before any start of

r) the conditions of termination;

cution.

s) the competent court, including for calls for tenders
international.

The notification consists of sending the signed contract to the holder.
laire, within three calendar days of the date of signing

Article 100:

ture, by any means allowing a certain date to be given. The
notification date is the date of receipt of the contract by the

1- The drafting of all the final constitutive documents of the

holder.

contract, is carried out by the contracting authority or the contracting authority.
delegated authority and, where applicable, by the project manager.

Article 97: The market enters into force as soon as it is notified or
at a later date if the market so provides. The entry into

2- The final contract cannot, under any circumstances, modify the

market strength marks the beginning of legal obligations

due and the nature of the services provided for in the appeal file

execution and, unless the contract provides otherwise, the

offers. Only minor adjustments, without impact

start of completion deadlines. It coincides in practice with

financial or technical influence in relation to the chosen offer,

issuance of the service order.

are acceptable.

Within fifteen calendar days of the entry into force of

Chapter 2: Accounting obligations

contract, a final award notice is published in a
Article 101:

public markets journal or any other authorized journal

1- The holder of the public contract is required to open and keep up to date:
TITLE IV: EXECUTION AND REGULATION OF
a) an accounting document specific to the contract and making

PUBLIC MARKETS

highlight the different sources of funding, the states
amounts invoiced and amounts paid;

SUB-TITLE 1: EXECUTION OF PUBLIC CONTRACTS

b) a statement of tax and customs declarations relating to

Article 98:

market.
1. Any public contract is the subject of a written contract in six
original copies to which the documents are attached

2- The accounts of the contract holder must trace the transactions

contractual referred to in article 99 below.

market-related rations as follows:
a) expenditure relating to supplies, acquisition

2. Any public procurement must be concluded before anything begins.

sition of materials, raw materials or manufactured objects

execution ment.

qués intended to enter into the composition of the market;
b) costs relating to labor exclusively employed

3. Consequently, any complaint relating to

as well as any other charges or individual expenses.

on the performance of services before the entry into force of

sées;

corresponding market.

c) the list of quantities executed or supplies
delivered.

Chapter 1: Content of public contracts

3- The contracting authority or the delegated contracting authority, or, the

Article 99: Each public contract must contain at least the

where applicable, the Public Procurement Regulatory Authority may

following mentions:

access, for verification purposes, the relevant accounting document
to number 1 above, up to a maximum of three

a) the subject and number of the contract;

years from the date of final receipt of services

b) indication of the means of financing the expenditure and

or that of the last delivery relating to the contract concerned.

the allocation budget heading;

born.

c) indication of the contracting parties;
d) indication of the contracting authority or the contracting authority

All these mentions must be included in the contract.

delegate;
e) where applicable, the delegated project manager;

Chapter 3: Guarantees

f) proof of the quality of the person signing the
market and the co-contracting party;

Section 1: Guarantee of the offer

g) the enumeration, in order of priority, of the documents
tives of the contract including in particular: the tender

Article 102: To be admitted to make an offer, candidates

or the act of engagement, the book of administrative clauses

of contracts awarded by invitation to tender are required to provide

particular tives, the estimate or the estimated detail, the border

end an offer guarantee when the nature of the services

unit price network, the price sub-detail and the

requires. An offer guarantee is not requested for the markets.

general administrative clauses to which it is specified

for simple supplies and for service contracts

fully subject;

intellectual.

h) the amount of the contract, together with the terms of its
mination, as well as any of its revision;

Article 103: The amount of the offer guarantee is indicated in

i) tax and customs obligations;

the tender dossier. It is set according to the import-

j) the time and place of performance;

contract by the contracting authority or the contracting authority

k) the conditions for setting up surety bonds;

delegated work. It is between one and two percent of the

l) date of notification;

provisional amount of the contract. The offer guarantee is released

m) the bank domiciliation of the co-contracting party of the

at the latest at its expiration.

tration;
n) the conditions of receipt or delivery of services;

Section 2: The performance guarantee

o) the terms of payment for services;
p) the accountant responsible for the payment;

Article 104: Any holder of a contract, except the holder of a

q) the procedures for settling disputes;

market of intellectual services, is required to provide a

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performance guarantee when the performance period of the

19

c) is unitary, any price that applies to an elementary service
mentary, to a supply or to a work component of which

market exceeds six months.

the quantities are only indicated to the market on a provisional basis.
sional.

Article 105: The amount of the guarantee is fixed by the person
responsible for markets. It cannot exceed five percent of the

Article 112:

base market price increased or decreased, where applicable,
of its endorsements.

1- The contracts are concluded at a firm price or at a revisable price,
whether the price is fixed or unit price,

Article 106: The performance guarantee is released in
the period of one month following the expiry of the warranty period or,
if the contract does not include such a deadline, immediately

2- The price is firm when it cannot be changed during the course
performance of the contract due to variations in conditions

before acceptance of the works, supplies or services.

economic.

Section 3: The guarantee regime

Contracts are concluded at a firm price only when the evolution
foreseeable effect of economic conditions does not expose the

Article 107: The guarantees are submitted in the form of

market, neither the client or the client
delegated to significant contingencies.

bank guarantees on first demand or surety
is lying. The guarantees are established under the conditions

3- The firm price can be updated between the validation deadline
ty of the offers and the date of notification of the market.

defined in accordance with the texts in force, in particular
the OHADA Uniform Act on the organization of sureties.

4- The price is revisable when it can be modified during the execution.
delivery of services according to the express review conditions
provided for in the contract by virtue of a review clause
of the price stipulated by application of the official price indices

Section 4: Other guarantees
Article 108: When the contract provides for superior advances
res at five percent of the amount of the contract, the contractor

nationals and, where applicable, foreigners.

is required to provide a guarantee for the reimbursement of these
advances.

The modalities for updating and revising the price must be
provided for in the specifications.

Article 109: When the contract holder receives down payments
are over supplies, the ownership of the supplies

Article 113: When a contract includes services performed

ments is transferred to the client. The holder assumes

carried out under the control, these are carried out at the diligence and under the
responsibility of the client.

with regard to these supplies the legal responsibility of the
depositary.

In this case, the special administrative clauses
res must indicate the nature, the method of settlement and the value
the various elements that contribute to the determination of the price
settlement.

Article 110: When the contract includes a guarantee period
tie, a portion of each payment may be withheld by the
contracting authority or the delegated contracting authority under
holdback to cover the obligation of perfect completion

The cost of the work under management may not be greater than two
percent of the amount inclusive of all taxes of the contract.

ment of works, supplies or services.
The share of payments retained by the contracting authority or

Section 2: Variation in the price of public contracts

delegated contracting authority may not be more than five for
cent of the amount of payments. It is fixed in the notebooks

Article 114:

of loads.
1- Any contract whose execution period is at most equal to
SUB-TITLE 2: PUBLIC PROCUREMENT REGULATIONS

one year cannot be subject to price revision.
2- A price is subject to adjustment when it is calculated by

Chapter 1: Determining the price

reference to a mercurial, a catalog, a scale, a
series, or when it is periodically updated.

Section 1: Characteristics of the price of public contracts

3- The mechanism described in paragraph 2 above concerns in part
especially contracts that can be executed over several years,
without prejudice to the possibility of revising the price during the
period of execution of each of the pre-

Article 111:
1- The market price remunerates the holder of the contract. It is
deemed to ensure a profit and cover all expenses

views.

which are the necessary and direct consequence of the work,
supplies or services, and in particular taxes, duties and

4- A market may provide for a price updating clause,

applicable taxes except when excluded from the market price

regardless of the revision of said price. In that case,
the holder is invited to extend the validity of his offer; in
In addition, he is informed that, if he consents to it, an adjustment,

by virtue of the chosen trade term.
2- The services covered by the contract are paid, either

at the same time as the request to extend the validity of
the offer, will be applied for the updating of market prices
before any signature and notification of the contract.

by fixed prices applied to all or part of the market
whatever the quantities, or by unit prices
applied to the quantities actually delivered or executed:

Section 3: Changes during execution
of the contract

a) is a flat-rate any price that remunerates the holder for a
set of services, a work or part of orvrage, as defined in the contract;

Article 115:

b) the fixing of a fixed price is imposed when the

1- The stipulations of a public contract cannot be modified.
only by way of amendment and within the limit of 20% of the
total value of the base contract.

benefits are well defined at the time of conclusion
of the market ;

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Official Journal of the Republic of Congo

2- The amendment is adopted and notified according to the same procedure

Special Edition N ° 2-2009

- that this possibility be provided for in the appeal file

review as the basic market. He cannot modify the object

offers.

of the market, neither the holder of the contract, nor the
ment, nor the price revision formula. The award of an ave-

The tenderer has the obligation to indicate in his tender, the

However, it is subject to the authorization of the General Management of

nature and amount of the part of the services it envisages

control of public contracts.

age to outsource.

3- Service orders relating to prices, deadlines and

Outsourcing more than thirty percent of the value
aggregate of a market is prohibited.

programs constitute contractual management acts
of a market and can only be issued under the conditions

However, in the case of a local authority market or
from one of its public establishments, the foreign candidate who

following:

will have planned to subcontract at least thirty percent of the
overall market value to a national company may

a) when a service order is likely to result in
exceeding the amount of the contract, his signature is

benefit from a margin of preference which cannot be

subject to proof of the availability of finance

greater than five percent.

is lying ;

Subcontracting may in no case lead to a modification
Substantial fication of the holder's qualification after awarding

b) in the event that the contract amount is exceeded within a
a proportion of not more than ten percent, the modifications

bution of the market.

of the contract can be made by order of service and
regularized by means of an amendment, subject to the provisions

In the event of subcontracting of the contract, the holder remains per-

of paragraph 2 of this article;

personally responsible for the performance of all obligations
tions of it.

c) when the overrun of the contract amount is greater than
laughing at ten percent, changes cannot be made

Without prejudice to the provisions of Articles 133 and 134, the
subcontractor of the accepted contract holder and whose conditions

that after signature of the rider relating thereto;

payment arrangements have been approved by the contracting authority or the
delegated contracting authority is paid, at his request but only -

d) The normal set of price revisions in application of the
contractual clauses do not give rise to

ment with the agreement of the successful tenderer, directly

n within the limit of the availability of credits.

by the latter for the part of which it ensures the execution.
Section 5: Co-contracting

However, when the application of the variation formula
price leads to a variation greater than twenty percent of the

Article 119: Contractors, suppliers and service providers

initial amount of the contract or the amount of the part of the

of services can submit their application or their offer
in the form of a solidarity group or a group

still to be executed, the client or the client
delegated authority or the holder may request the termination of the

spouse.

market.

In both forms of groupings, one of the service providers

4- In any event, any modification affecting the specifications

members of the group, designated in the act of engagement
as proxy, represents all the members vis-à-vis

technical specifications must be the subject of a preliminary study
on the scope, cost and time of the contract.

vis-à-vis the contracting authority or the delegated contracting authority and
coordinates the services of the members of the group.

5- The variation in the quantity of services will be made
under the conditions defined by the administrative clauses
general tratives.

In the event of a solidarity group, the act of engagement is a
single document indicating the total amount of the contract and

Article 116: If the contractual deadlines are exceeded

all the services that the members of the group
jointly undertake to achieve.

fixed by the contract, the holder of the contract is liable to
penalties provided for in the contract after formal notice

In the event of a joint grouping, the act of engagement is a
single document indicating the amount and distribution

prior. These penalties cannot exceed a certain amount.

detailed services that each member of the groupment undertakes to perform. However, the agent remains

so fixed in the notebooks of general administrative clauses
rales for each type of market.

responsible vis-à-vis the contracting authority or the contracting authority
delegated view of the services of each member of the
group.

Article 117: When the amount referred to in the preceding article is
reached, the person responsible for the contract may terminate the
market. The total or partial remission of penalties may be

Applications and submissions are signed, either by the en-

pronounced by the hierarchical authority of the said person. The

seem to be grouped companies, or by the agent if he

impediments resulting from force majeure exonerate the holder

justifies the necessary authorizations to represent these
companies.

laire of delay penalties which could result therefrom.
Section 4: Subcontracting

The composition of the group cannot be changed between
the prequalification of candidates and the submission of their offers.

Article 118: In terms of works and services, the contractor
of a public contract may subcontract the performance of certain

Candidates and tenderers are prohibited from presenting

parts of its market provided:

for the same market or one of its lots, several offers in
acting both as individual applicants or as

- to have obtained from the client or the client

members of one or more groups.

delegated the acceptance of each subcontractor and the approval
of its terms of payment, it being specified that

It is specified that the file of a co-contractor is rejected when

all the files of subcontractors not completing
the same legal, technical and financial conditions

does not meet the same legal, technical conditions
and financial requirements for the qualification of bids-

required for the qualification of tenderers;

naires.

From May 2009
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Official Journal of the Republic of Congo

Chapter 2: Terms of payment

21

Article 126: The amount of the down payments must not exceed the

public procurement

value of the services to which they relate, a
times deducted the sums necessary for the reimbursement of
advances, if applicable.

Section 1: Common provisions

Article 127: In the case of deposits paid based on

Article 120:

pre-established phases of execution and not of physical execution
1- Subject to the provisions resulting from the agreements or

services, the market can set the

loan agreements or international agreements, any

amount of each deposit as a percentage of the

regulation on a public contract is made by transfer

initial amount of the contract.

banking on a banking establishment or an organization
senior approved financier in accordance with the texts in

Article 128: The books of general administrative clauses

force, or by documentary credit.

rals set for each market category the periodical terms
dic or technical execution phases depending on thewhat down payments must be made.

2- Any drawing on external financing credit is subject to
with the prior approval of the body authorized to manage this finance-

Article 129: The holder cannot dispose of the supplies

is lying.

payments for which advances or down payments have been made
other works or supplies than those provided for in the contract.

3- Any modification of bank domiciliation cannot be
carried out only by way of amendment subject to presentation,
by the contract holder, a certificate of non-engagement

Any breach of this provision may lead to the termination

ment issued by its previous bank.

binding of the market as of right.
Section 4: Default interest and penalties

4- The operations carried out by the holder of the contract and
likely to give rise to payment of advances, down payments or

Article 130: When it is attributable to the person responsible

payment for balance, are recorded by any means left

the market or its agent, the default of payment

written record by the person responsible for the contract or

within the time limits set by the administrative clauses

his agent in accordance with the terms set out in the specifications

specific, automatically opens for the benefit of the holder of the

general administrative clauses.

market, after a formal notice remained unanswered for
thirty days, default interest calculated from the day

Section 2: Advances

following the expiration of said time limits, until the day of delivery
this of the payment order.

Article 121: Start-up advances likely to be
paid to those awarded public contracts cannot

Article 131:

exceed:

1- If the contractual deadlines set by the

- thirty percent of the amount of the initial contract for

contract, the holder is liable to penalties not exceeding

intellectual works and services;

0.5% of the market price inclusive of all taxes per week

- twenty percent of the amount of the initial contract for the

late, after prior formal notice remained unanswered.

nitures and other services;

2- The remission of late penalties for a contract may be

These advances can only be paid on presentation by

pronounced, on a reasoned decision, by the contracting authority or

the beneficiary of a bank guarantee of equal amount.

delegated contracting authority, subject to the control of its decision
tion by the Public Procurement Regulatory Authority.

Article 122: Advances are always defined in the backcall for tenders or consultation. When they exceed

Copy of the decision to remit the penalties, is sent to

five percent of the contract amount, they must be

the Authority mentioned above.

guarantees up to their amount and must be included
tabulated by the contracting departments, so that their

Article 132:

clearance.
1- Regardless of the penalties for exceeding the deadline
Article 123: Advances are reimbursed at a fixed rate

contractual, the market may provide for specific penalties

by the market, by withholding from the sums due to the holder to

for non-compliance with the technical provisions.

down payment or balance.
2- In any event, the cumulative amount of penalties
Section 3: Deposits

may exceed ten percent of the amount inclusive of all taxes
of the basic market with its amendments, if any, under

Article 124: Services which gave rise to a complaint

termination penalty.

execution of the contract give rise to the payment of aaccounts, with the exception of contracts providing for a

Section 5: Direct payments to subcontractors

cution less than three months for which the payment of
accounts is optional.

Article 133: The provisions of the above articles relating
on the payments regime also apply to sub-

Article 125: The contracting authority or the contracting authority

contractors benefiting from direct payment. In the event that the

ford is required to pay the down payments and the

holder subcontracts part of the contract after the

balance within a period which may not exceed ninety

conclusion thereof, the payment of the lump sum advance is

days.

subordinated, if applicable, to the reimbursement of the part of
lump sum advance paid to the holder for services

Shorter payment terms may be granted by

subcontracted.

local communities and their public establishments,
benefit small and medium-sized businesses regularly

Article 134: Payments made to the subcontractor are made

installed in their territorial jurisdiction.

killed on the basis of supporting documents bearing the

22
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Official Journal of the Republic of Congo

Special Edition N ° 2-2009

tation of the contract holder. Upon receipt of these documents, the

ment, holder of the copy of the pledge provided for in paragraph

contracting authority or the delegated contracting authority notifies the

2 above, by any means leaving a written record. She takes

processing and indicates to him the sums of which the payment to his

effect on the second working day following that of receipt

fit has been accepted by the contract holder.

by the accountant responsible for payment of the document to inform him
mant.

In the event that the holder of a contract has not followed up on
payment request from the subcontractor, the latter enters the
person responsible for contracts who immediately removes

6- The rights of pledge or subrogated creditors are not
only by the privileges provided for by law or regulation

re the holder to provide proof that he has given a reasoned refusal

statement in force.

vé to his subcontractor, failing which the said person mandates
the sums remaining due to the subcontractor at the end of a
TITLE V: CONTROL OF EXECUTION,

forty-five days after the formal notice.

OF ADJOURNMENT AND TERMINATION
PUBLIC PROCUREMENT

Chapter 3: Pledge of debts resulting from the public contract
Article 137:

Article 135: Any public contract concluded in accordance with
provisions of this decree may be given as a guarantee

1- The bidding companies must commit to

in accordance with the OHADA Uniform Act on the organization of

their offers, to comply with all legislative provisions and
regulations or any provisions resulting from the

tion of collateral, subject to any form of transfer of
debt.

collective statements relating in particular to wages,
work, safety, health and well-being of workers

The person responsible for contracts who has dealt with the inter-

interested valuers.

lessee or supplier gives him a certified copy
true of the original bearing a duly signed note,

2- They remain, moreover, guarantors of the observation of

like the original, by the authority in question and indicating that

labor clauses, and responsible for their application by all

this document is issued in a unique copy with a view to the notification

subcontractor.

fication or possible meaning of a pledge of debt.
Chapter 1: Control of execution
The contract indicates the nature and amount of the services that

public procurement

the contract holder intends to entrust to subcontractors
receiving direct payment and this amount is deducted from

Article 138:

amount of the contract to determine the maximum amount of
the claim that the holder is authorized to pledge.

1- The execution of public contracts is subject to control by:

If, after the notification or service of the

a) the contracting authority or the delegated contracting authority according to
the terms and conditions specified in the notebooks of administrative clauses

contract, the holder of the contract intends to entrust
contractors benefiting from direct payment, the execution of

general administration;

tions for a time greater than that indicated in

b) the independent auditor;

the market, it must obtain the modification of the test formula

c) any other competent body provided for by laws and regulations
regulations in force.

please unique, appearing on the certified true copy.
Article 136:

2- For contracts greater than or equal to the thresholds set by

1- The pledge provided for in article 135 above takes place in the form of

the decree mentioned in article 4 of this decree, the control
work is carried out by a natural person or a per-

a synallagmatic act between the holder of the contract and a

sounds moral of public or private law.

third party called pledgee, in accordance with the Uniform Act
OHADA on the organization of sureties.

3- For contracts whose amounts are less than
thresholds set by the decree mentioned in article 4 of this decree

2- The pledgee notifies or signifies by any means allowed

ret, the contracting authorities not having

written record, or served on the contracting authority or

required must call on an external project manager

delegated contracting authority and the accountant responsible for payment,

their services.

a certified true copy of the original of the pledge deed.
4- For intellectual services contracts whose
amounts are greater than or equal to the thresholds set by the December

3- From the notification or service provided for in

ret mentioned in article 4 of this decree, the control of
vre is carried out by a technical expert in charge of monitoring

the above paragraph, and unless unable to pay, the accountant
in charge of the payment settles directly to the pledgee the

service designated by technical entity representing the master

amount of the debt or the share of the debt that has been

or in agreement with the delegated contracting authority.

given as a pledge.
In the event that the pledge has been established for the benefit of several

Chapter 2: Postponement and termination

creditors, each of them collects the share of the claim that

public procurement

has been assigned in the slip, the details of which are
signed or served on the accountant responsible for payment.

Article 139: The contracting authority or the contracting authority
ford may order the postponement of works, supplies, or

4- No change in the designation of the accountant

services, subject of the contract before their completion in the event of

responsible for payment, nor in the terms of payment, except

force majeure or for reasons of general interest.

in the latter case with the written agreement of the pledgee, do not
may take place after the notification or service of the

When the contracting authority or the delegated contracting authority

pledge.

orders the postponement of the performance of the contract for one

5- The release of the notifications or service of the pledge is

duration of more than three months, the holder has the right to terminate
of its market. The same applies in the event of successive adjournments.

given by the pledgee to the accountant in charge of payroll

cessional whose cumulative duration exceeds three months.

From May 2009
Page
23

Official Journal of the Republic of Congo

The postponement opens the right to payment to the contract holder

23

Chapter 2: Appeal to the Settlement Committee

compensation covering the costs resulting from the postponement.

Regulatory Authority disputes
public procurement

Article 140: Public contracts may be subject to a
termination under the conditions stipulated in the specifications

Article 142:

ges, in the following cases:
1- It is created within the Market Regulatory Authority
a) or, on the initiative of the person responsible for the contract

public a Dispute Settlement Committee whose role is

due to the fault of the holder of the contract or the liquid

to rule on disputes the subject of which is specified in para.

dation of his company;

graph 2 of the previous article and opposing either a master of
work or a delegated contracting authority and general management

b) or, at the initiative of the contract holder, for failure to

control of public contracts, i.e. candidates, funds

payment, following a formal notice that has not been

missionaries, either a client or a client

effect for three months, or following postponement

deputy or the general direction of market control

under the conditions provided for in article 139 of this Dec.

public to a candidate or tenderer.

ret;
2- The Dispute Resolution Committee has also been responsible for
c) or, by mutual agreement between the parties.

tence to rule in disciplinary formation and pronounce the
sanctions provided for by this decree against any

Any public contract can also be terminated when a case

candidate or tenderer who has violated the regulations

force majeure makes its execution impossible.

applicable in matters of public contracts or delegations of
public service.

Except in cases where termination is pronounced by virtue of
point a of this article, the contract holder is entitled to a

3- The procedure applicable before the Settlement Committee

termination indemnity calculated on a flat-rate basis on the basis

disputes is fixed by the decree referred to in paragraph 2 of the ar-

services that remain to be performed.

article 21 of this decree.

This flat rate is fixed in the administrative clauses

4- Decisions rendered under the preceding article may

general guidelines for each market category.

be appealed within eight working days
from the notification of the decision adversely affecting him.

BOOK III: LITIGATION AND SANCTIONS

5- In the absence of a decision rendered by the client or

RELATING TO PUBLIC CONTRACTS

the delegated contracting authority or the hierarchical authority in the
three working days from its referral, the applicant may also

TITLE I: LITIGATION

ment seize the Dispute Settlement Committee which makes its
decision within seven working days of referral, for lack of

SUB-TITLE I: AWARD LITIGATION

what the award of the contract or the delegation can no longer
be suspended.

Chapter 1: Recourse before the contracting authority
or the delegated contracting authority

6- The decisions of the Dispute Settlement Committee cannot be
can only have the effect of correcting the alleged violation or

Article 141:

prevent further damage to the interests of
decisions concerned, or to suspend or have the decision suspended

1. Candidates and tenderers who consider themselves unfairly

contested issue or the award procedure. In case of decision

excluded from public procurement procedures or

noting the violation of the applicable regulations, the

public service delegations can lodge an appeal

contracting authority or the delegated contracting authority must comply with it

prior to the proceedings and decisions rendered in

by taking, as soon as possible, measures of a nature

the occasion of the procurement procedure, and having caused them

to remedy the irregularities observed. The Committee's decision

prejudice, before the person responsible for the contract. The decision

dispute resolution process is immediately executed by the

of the latter may be contested before its authority.

contracting authority or delegated contracting authority.

hierarchical. A copy of the request is sent to the Authority
regulation of public procurement.

7- Decisions of the Dispute Resolution Committee
may be the subject of an appeal before a judicial body.

2. This appeal may relate to the decision to award or not

tional. This appeal has no suspensive effect.

not award the contract or the delegation, on the terms of
publication of notices, the rules relating to the participation of

8- On the basis of the information collected in the

candidates and with the required capacities and guarantees, the

of its missions, or of any information communicated

award and the selection procedure retained, compliance

by the contracting authorities or delegated contracting authorities,

regulatory tender documents, specifications

candidates, tenderers or third parties, the

technical specifications retained, evaluation criteria. He must

dispute settlement can be self-entered at the request of its

invoke a gross violation of the regulation of

president or one-third of its members and rule on irregularities

public contracts and public service delegations.

theities, faults and infractions noted. Self-referral of said
Committee suspends the final award procedure

3. This recourse must be exercised within five working days of

contract or delegation, if the latter is not already

publication of the provisional contract award decision

re final.

or public service delegation, or within ten days
working days preceding the date scheduled for the application or

Chapter 3: Procedures for exercising remedies

submission. Its effect is to suspend the award procedure.
bution until the final decision of the contracting authority or

Article 143: The remedies referred to in Articles 141 and 142 above

delegated contracting authority, hierarchical authority or

can be exercised either by direct deposit or by letter

the Public Procurement Regulatory Authority.

registered, with acknowledgment of receipt, or by any other

24
Page 24

Official Journal of the Republic of Congo

Special Edition N ° 2-2009

means provided for by the decree referred to in paragraph 2 of article 20

The decision to exclude public procurement cannot

of this decree.

exceed five years. In the event of renewal of infringements
regulation of public procurement by the same person
physical or moral, a final exclusion decision may

SUB-TITLE II: LITIGATION OF EXECUTION
Chapter 1: Hierarchical recourse

be pronounced by the competent courts.
The Public Procurement Regulatory Authority establishes periodically
only a list of natural and legal persons excluded

Article 144: Holders of public contracts or delegations
public service organizations may have recourse to the hierarchical authority.
chique of the Person responsible for the contract, in the event of
disagreement with the latter, for the purposes of research
expensive an amicable settlement of disputes and disputes between them

any participation in public procurement. This listing is
regularly updated, distributed to project owners or
to the delegated contracting authorities and published on the website
of said authority.

to the contracting authority or the delegated contracting authority

Chapter 2: Applicable sanctions

during the performance of the public contract or of the delegation of

to public authorities

public vice.
Chapter 2: Legal recourse

Article 147: Persons acting on behalf of masters of
or delegated contracting authorities, the char-

Article 145: Any dispute which has been the subject of a prior

responsible for the control and regulation of public contracts, as well as

hierarchical appeal and which will not have been settled amicably
within thirty calendar days of the introduction of the

that any person intervening, in any capacity whatsoever,

appeal, will be settled, in accordance with the law and the stipulations

public service, are liable to the penalties provided for

applicable contractual agreements, before the courts or

by the laws and regulations in force, in particular in the cases

competent arbitration bodies.

below:

TITLE II: SANCTIONS

in the procurement chain for public contracts and

- violations of the rules on conflicts of interest;
- offense of illegal taking of interest;

Chapter 1: Sanctions applicable to candidates
and bidders
Article 146: Without prejudice to the penal sanctions provided for
by the regulations in force, the contractor, the supplier
or the service provider, incurs by decision of the Authority
of public procurement regulation, the sanctions listed
in this article, when he has:
- proceeded to practices of collusion between tender-

- market splitting and violation of exclusionary rules
if we ;
- violation of the a priori control rules;
- offense against the freedom of access and the equality of candidates
in public contracts and service delegations
public;
- violation of technical control rules;
- suspension or cancellation of structures in charge of contracts
public.

in order to establish the prices of tenders at artiartificial and non-competitive and deprive the client

Chapter 3: Repair of damage

or the delegated contracting authority for the advantages of a
free and open reference;
- benefited from fractionation practices or any other
practice technically aimed at influencing the content
bare of the tender documents;
- resorted to overbilling and / or false invoicing;
- attempted to influence the evaluation of tenders or the decisions

Article 148: Anyone who has suffered damage resulting from
whether an act of corruption or a violation of the provisions
tions of this decree is admissible to bring an action in
compensation against the State and any other natural person
or legal entity involved, with a view to obtaining compensation for the

sions of attribution, including by proposing any payment

of this damage, this compensation being able to relate to the

or undue advantage;

property damage already suffered, the loss of income and the

- been found guilty of a breach of his obligations

extra-patrimonial damages.

contractual when performing contracts prior to
Without prejudice to the penal and disciplinary sanctions provided for

following a decision of a national or foreign court
manages become final;

by the laws and regulations in force, the persons acting in
name of the contracting authorities or delegated contracting authorities,

- provided false information or statements or
falsehoods, or made use of confidential information

the authorities responsible for the control and regulation of

as part of the tendering process.

public, as well as any person intervening, to some
title whatsoever, in the procurement chain

The following sanctions may be imposed, and, depending on

public and public service delegations, can be

the case, cumulatively:

required, where applicable, to repair any damage resulting from
of their actions.

- the confiscation of the guarantees constituted by the counterparty
in the context of the incriminating tendering procedures

Chapter 4: Nullity of contracts

born;
- exclusion from competition for a fixed period of time
depending on the seriousness of the fault committed, including, in the event of

Article 149: Any contract obtained or renewed by means of

of collusion established by the French Market Regulatory Authority

fraudulent practices or acts of corruption, or occasionally

public, any company that owns the majority of the capital

tion of the execution of which fraudulent practices and

of the sanctioned company, or of which the sanctioned company

acts of corruption have been carried out is considered to be

the shareholder owns the majority of the capital;

void, unless the public interest is against it.

- withdrawal of their approval and / or their qualification certificate
Any contracting party whose consent has been vitiated by a

fication;

act of corruption can apply to the competent court

- a financial penalty in the form of a
fine, the maximum threshold of which will be set by the decree concerned
in paragraph 2 of article 21 of this decree.

From May 2009
Page
25

cancellation of this contract, without prejudice to his right to
claim damages.

Official Journal of the Republic of Congo

BOOK IV: TRANSITIONAL AND FINAL PROVISIONS

25

As such, it is responsible, in particular, for:

Article 150: This decree comes into force at the latest

- issue opinions, proposals or recommendations in the

one month after the last supervisory or regulatory body

framework for defining policies and providing assistance

of public procurement has been effectively installed and made

development of market regulations

functional.

public and public service delegations;
- contribute to the information and training of all

Article 151: Public contracts concluded prior to

public procurement actors, to the development of

the entry into force of this decree remain subject to the

professional framework and the performance appraisal of

previous regulations regarding the rules

actors of the procurement, execution and control system

procurement and execution of contracts; the procedures

public procurement and public service delegations;

remedies provided for by this decree are nevertheless

- conduct investigations, and implement procedures

open to holders of these contracts.

independent audits;
- sanction irregularities noted in the award

Article 152: This decree which repeals all provisions

public contracts and public service delegations;

previous contrary, in particular decree n ° 82/329 of 22

- proceed to the non-jurisdictional settlement of oversight disputes

April 1982 regulating public procurement and the

naked during public procurement and

decree n ° 89/375 of May 31, 1989 modifying the decree

public service delegations;

n ° 82/329 of April 22, 1982 regulating the

- give opinions within the framework of the amicable settlement of

public, will be registered, published in the Official Journal and

disputes arising during their execution.

equipped wherever needed.
Article 3: The Public Procurement Regulatory Authority may
Done in Brazzaville, May 20, 2009

be responsible for carrying out any mission relating to
public contracts or public service delegations which

By the President of the Republic,

would be entrusted by the Government.
Denis SASSOU-N'GUESSO
Under the administrative and consultative powers

For the Minister of the Economy, Finance

tative

and the budget on mission,
The Public Procurement Regulatory Authority is responsible for:
The Minister of State, Minister of Planning
and regional planning,

- identify, by means of a periodic assessment of the
cities of institutions in charge of public procurement and

Pierre MOUSSA

public service delegations, any weaknesses in the
public procurement code, and to propose in the form of an opinion,

The Minister of State, Minister of Planning

proposal or recommendation, any legislative measure

and regional planning,

lative or regulatory likely to improve the system,
for the sake of economy, transparency and efficiency;

Pierre MOUSSA

- lead the reforms and modernization of procedures and
public procurement tools and delegations
public service; it promotes the implementation by

Decree n ° 2009-157 of May 20, 2009 granting

all the actors in the system of ethical measures and

goals, organization and functioning of the regulatory authority

integrity pacts aimed at outlawing corruption; it

lation of public contracts.

studies the impact of public procurement and delegation
public service issues on the national economy;

THE PRESIDENT OF THE REPUBLIC,

- initiate the drafting and validate, in consultation with the
General Directorate of Public Procurement Control,

Considering the Constitution;

technically competent ministries and organizations

Considering the decree n ° 2007-615 of December 30, 2007 appointing

professionals as well as civil society, the applicable texts

nation of members of the Government;

cations relating to the regulation of public contracts and

Considering decree n ° 2008-4 of January 11, 2008 on the organization

public service delegations, in particular documents

acting members of the Government;

standard and procedure manuals;

Considering the decree n ° 2009-156 of May 20, 2009 on the code of

- ensure, through its opinions and recommendations, the application of

public markets.

procurement regulations and procedures
public contracts and public service delegations,

DECREES :

standard documents and contribute to the promotion of
transparent environment favorable to the game of competition

TITLE I: GENERAL PROVISION

rence and the development of businesses and skills.
these stable and efficient nationals;

Article 1: This decree fixes in accordance with

- disseminate all the regulations relating to

provisions of the public procurement code, attributions,

public contracts and public service delegations;

the organization and functioning of the Regulatory Authority

- guarantee the information of the public and economic operators

public procurement, responsible for ensuring independent regulation
dante of the public procurement system and delegations of

mics on procurement procedures

public vice.

public and public service delegations, by carrying out
publication in its own information media,
notice of calls for tenders, award results, amounts

TITLE II: ATTRIBUTIONS

times and deadlines for the execution of public and deleArticle 2: The regulatory authority for public procurement is responsible for

public service commitments, as communicated by the

mission to ensure the regulation of the procurement system

contracting authorities or delegated contracting authorities, as well

public contracts and service delegation agreements

than the inventory of public contracts and delegations of

public.

public service ;

26
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Official Journal of the Republic of Congo

Special Edition N ° 2-2009

- plan and organize initial and continuing training

say authorities;

public players in the procurement system

- receive complaints relating to irregularities in

public and public service delegations by putting

public procurement procedure and

regular relationship with training centers or schools

public service delegations and process them within its

set up at national, sub-regional or international level

dispute resolution committee;
- transmit cases of violations to the competent authorities

tional and specialized in the practice of

to the regulations or legislation that it would have observed

public contracts and public service delegations;

on this occasion in relation to procurement law

- collect and centralize all the documentation
information and all the data relating to the attribution,

public, civil service law or civil service law

execution and control of public contracts and delegations

competition;
- ensure the control of the certification procedures of

of public service, with a view to setting up a

companies and participation in the development of standards,

data; for this purpose, it receives project owners and

technical specifications, management systems

delegated contracting authorities copies of notices, authorizations,

quality applicable to contracts and service delegations

minutes, evaluation reports, contracts and all reports

public in line with the harmonization rules

ports of activity of which it ensures the good behavior and the

community adopted within international organizations

vation by archiving; based on both the set of

regional governments to which the Congo is a member.

the regulation of public contracts and delegations of
public service and documentation received from teachers

Under the attributions in contentious matters.

contracting authorities and delegated contracting authorities;
- develop and distribute standard documents, process manuals

The Public Procurement Regulatory Authority is responsible for:

hard and software packages of which it ensures a regular update
re; in this context, it also carries out a mission of

- rule on the disagreement between the contracting authority or the

monitoring and evaluation taking into account the indicators of

works delegated and the general management of control

performance in procurement and execution of contracts

of public contracts relating to the annulment of the choice of

public checks and public service delegations;

tendering or contract award procedure;

- ensure the editing and publication of a periodical review

- rule on the refusal of market approval by the au-

aimed at informing the public of the activities of

competent authority;

the Public Procurement Regulatory Authority;

- rule on disputes relating to the award of contracts,

- promote the transparency of the market system

the conditions for publication of notices of invitation to tender,

public and public service delegations, its procedures

participation of candidates and capacities and guarantees

procurement, control and audit res; are, in particular,

required of these, depending on the method of awarding the

published in this review, on an annual basis,

check and the selection procedure adopted, the compliance

market forecasts;

tender documents for regulations and

- manage the website where all information is published

specifications retained, as well as disputes relating to the

relevant conditions for the award and execution of

choice of evaluation criteria;

public markets.

- rule on disputes relating to certification
companies applying for contracts, in accordance with

Under the attributions in matters of audit and investigation.

article 57 of the public procurement code.
Under disciplinary powers

The Public Procurement Regulatory Authority is responsible for:

The Public Procurement Regulatory Authority is responsible for:

- initiate any investigation relating to irregularities or violations
lations to the regulations committed in the field of

- pronounce administrative sanctions against

public contracts and public service delegations and to seize the

any candidate or tenderer having violated the regulations

competent authorities for any infringement found;

tation applicable to the award, execution and

- take legal action as part of its mission to ensure
rer respect by all actors in the system of

control of public contracts and service delegations

regulations on public procurement and delegation

public;
- control the discounts for late payment of a contract

public service, and in particular to outlaw the corruption

decided by the client or the client

tion. These investigations are carried out by agents of

delegate.

the Regulatory Authority for Sworn Public Procurement
whose recruitment, status and powers are determined

Under the responsibilities for managing the portal of

born by decree of the Head of Government; the supervision

public contracts and public service delegations

of these agents is provided by the general manager of
the Public Procurement Regulatory Authority;

The Public Procurement Regulatory Authority is responsible for

- seize or assist, as a liaison body, the organizations

set up and manage, in the public interest, administrative

regional international organizations, within the framework of

trations and economic operators, a dedicated website

multilateral monitoring of public procurement or

information on the regulation and practice of

public service delegations;

public checks and public service delegations.

- have technical and / or financial audits carried out in
with a view to controlling and monitoring the implementation of the

TITLE III: ORGANIZATION AND OPERATION

tation in matters of procurement, execution and control
public contracts and service delegation agreements

Article 4: The Public Procurement Regulatory Authority

public vice;

makes: the Regulatory Council, the dispute settlement committee

- order, at the end of each financial year, a

férends, the audits and investigations committee and the general management

independent audit on a random sample of markets

rale.

and conventions, transmits to the competent authorities the cases

Chapter I: The regulatory council

violations of regulatory provisions and
draws up detailed reports on the execution of

Article 5: The Regulatory Council is the supreme body which

contracts and agreements on the basis of surveys and audits carried out

brings together all the members of the Market Regulatory Authority

ss and of which it ensures the publication and transmission to

public.

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Official Journal of the Republic of Congo

As such, he is responsible, in particular, for:

27

They are appointed by decree of the President of the Republic, on
proposal from ministries, socio-professional organizations and

- administer the Public Procurement Regulatory Authority;

civil society organizations to which they belong. They

- define and orient its general policy;

benefit for the acts they take in the exercise of

- assess the management of the Market Regulatory Authority

their functions of special state protection.

public;
- determine in general the development prospects

They cannot be, subject to the provisions of article 18
of this decree, prosecuted, sought, arrested or tried at

payment of the Public Procurement Regulatory Authority;

the occasion of the acts accomplished, the measures taken or the

- examine and approve each year the program of activities
authorities of the Public Procurement Regulatory Authority for

or votes cast in the performance of their duties. They

the coming year;

perform their duties with complete impartiality and independence
hanging.

- receive from general management, communication of reports
periodic, annual and all other reports;

They are bound by the obligation of confidentiality in deliberations and

- evaluate, according to a periodicity that it determines, the respect of
orientations, level of achievement of objectives and ac-

sions of the Regulatory Council, respecting professional secrecy

performance enhancement;

sional for information, facts, acts and intelligence
of which they are aware in the performance of their duties,

- adopt any recommendation, draft regulation
tion, standard document, manual of procedures, in the

as well as the obligation of discretion with regard to

field of public procurement and service delegations

dispute resolution and sanctions procedures

public with a view to its transmission to the competent authorities

conducted by and before the Market Regulatory Authority

tents;

public.

- order investigations, controls and audits;
They must, when they take up their duties and at the end of them

- adopt the budget of the Market Regulatory Authority

here, make on their honor a written declaration of all their

audiences for the coming year;

property and patrimony addressed to the President of the Court of

- finalize the accounts and financial statements

accounts.

annual reports and activity reports, and forwards a copy to the
Court of Audit ;

Article 8: The members of the regulatory council are appointed

- adopt the internal regulations of the Regulatory Authority

for a three-year term, renewable once. The

public procurement, organization chart, product manuals

term of office ends, either at the normal expiration of its term, or

internal, administrative, financial, accounting procedures,

by death or by resignation or by loss of the capacity which had

recruitment and human resources management,

motivated the appointment. It also ends by revocation, at

salary and benefits grid for staff

as a result of serious misconduct or actions incompatible with

general management and technical departments;

their functions, on a proposal from the regulatory council or

- approve the appointments of supervisory staff;

their home administration or organization.

- accept all donations, bequests and subsidies with due respect
the regulations in force;

In the event of death during the term of office or in all cases

- approve contracts for an amount greater than or equal

theses where a member is no longer able to exercise his

to 25,000,000. of FCFA or any other agreement, including

dat, it is immediately provided for its replacement within

including loans, proposed by the CEO and

same conditions as for his appointment, for the period of

affecting the budget;

mandate still to run.

- authorize the alienation of movable or immovable property, corporels or intangibles, in accordance with the law;

Article 9: The Regulatory Council is chaired by a person

- authorize the participation of the Regulatory Authority of

nality elected by its members, from among the representatives of

public procurement activities of associations, group-

administration for the duration of his mandate .

or other professional bodies, linked to its missions
sions.

Article 10: Constitutes a serious fault, within the meaning of article 7 above.
above :

Article 6: The Regulatory Council is a tripartite body
- failure to respect the secrecy of deliberations and decisions;

composed of nine members representing, on a joint basis

- active or passive corruption and any other offense

re, the administration, the private sector and civil society.

assimilable;
- violation of the provisions of legislative texts and regulations

It is composed as follows:

regulations governing public contracts and delegations of
public service.

- a representative of the ministry in charge of finance;
- a representative of the ministry responsible for public works;

Article 11: The functions of member of the Regulatory Council

- a representative of the Court of Auditors;

are incompatible with any direct or indirect holding

- three members representing professional organizations

interests in companies bidding for contracts

representative of the economic operators of the sec-

public, any salaried function or any benefit, remuneration

responsible for buildings and public works, commerce and

or benefit in any form granted by these

services, in accordance with the terms defined in Article 15 of the

companies. The members of the Regulatory Council represented

feels decree;

as the administration can no longer exercise its function

- three members representing organizations or associations

elective, nor any commercial activity or consultation in relation to

tions working in the field of good governance,

port with the missions of the Market Regulation Authority

ethics and the fight against corruption, according to

public.

modalities defined in article 15 of this decree.
When the Regulatory Council examines issues related to
Article 7: The members of the Regulatory Council are chosen

to the companies they represent or in which they have

among personalities or executives of moral and professional reputation

interests, representatives of the private sector and those of

professional established in the legal, technical,

concerned civil society cannot participate in the deliberations

economic and financial.

tions.

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Official Journal of the Republic of Congo

Special Edition N ° 2-2009

Article 12: The Regulatory Council meets once per

Adviser, it plans and organizes the work of the Regulatory Authority

quarter in ordinary session convened by its chairman

tion of public procurement.

tooth. The convocations are made by telex, telegram, teleAs such, it convenes the members of the Regulatory Authority
public contracts and sets the meeting dates.

copy, letter, e-mail or any other means left
written record, at least seven days before the scheduled date
for the meeting. They indicate the date, place and order of
day of the meeting.

It assesses the expenditure of the Market Regulatory Authority

The Regulatory Council examines any question listed in the

public whose operating appropriations are recorded for
order in the budget of the services of the Presidency of the

dre du jour, either by the general manager or at the request

Republic. These credits must be sufficient to cover the entire

at least one third of the members. The agenda is brought to the

operating expenses of the Regulatory Authority for

available to each member before the meeting, with

public markets.

append the files to be examined.
He is the authorizing officer of revenue and expenditure of the Authority
regulation of public procurement.

The President of the Regulatory Council may convene a session
extraordinary session on its own initiative or at the request

As such, it is not subject to the control of expenditure incurred.

one third of the members.

aged. It reports on its budget management directly to the
Court of Audit.

Article 13: Any member unable to attend may be represented
at meetings by another member of the regulatory council.

He may request from the Minister in charge of finance the creation of

In any event, no member of the said board may

a revenue agency.

represent more than one member at the same meeting.
No member may be represented more than once per

He recruits by contract, with the agreement of the Council of
regulation, the external personnel intended to compete in a

semester. Any member who has been absent from two meetings

permanent or temporary to the performance of

of the regulatory council, during the same year, without

the Public Procurement Regulatory Authority.

legitimate reason, will be considered as having resigned from his
functions.

Article 19: The president may delegate some of his powers
butions to a member of the Regulatory Council.

If the president is unable to attend, the Regulatory Council
elects a chairman from among its members by a simple majority of
members present or represented.

He is replaced, in the event of absence or impediment, by a
member of the board.

Article 14: The Regulatory Council cannot validly deli-

In the event of a vacancy in the post of President, the member whose

berer only if at least six of its members are present or

appointment in this function is the oldest
the interim.

represented, the physical presence of at least four members
being necessary. If this quorum is not reached, another
meeting, convened at least seven days apart, may

Article 20: The chairman may delegate his signature to the director

deliberate validly regardless of the number of members

general to incur the expenses of the Regulatory Authority
lation of public contracts.

present, provided that at least one member of each category
gorie is represented.

Chapter II: The Committee on Audits and Investigations
Each member has one vote. Decisions are made
by a simple majority of the members present or represented. In

Article 21: The Audits and Investigations Committee is responsible for

in the event of a tie, that of the President of the Regu-

carrying out audits and investigations relating to public contracts

lation is preponderant.

and public service delegations.

Article 15: The Regulatory Council may appeal to any

It is composed of three members representing each of the

resource person.

three categories constituting the regulatory council.

Article 16: The deliberations of the Regulatory Council are
recorded through minutes recorded in a

It meets under the authority of the chairman of the regulatory board.
which plans and organizes its work with the assistance

special register kept at the headquarters of the Regulatory Authority

of the general manager.

public contracts and signed by the Chairman of the Board, the
Article 22: The audits and investigations committee entrusts, at most
by March 1 following the end of the fiscal year, at a

general manager, who provides the secretariat for the meetings, as well as
only by all members present or represented. This trial-

independent audit firm of professional reputation that

verbal mentions the names of the members present or represented

the Public Procurement Regulatory Authority will have prior-

felt as well as that of the resource person invited as

recruited in compliance with the regulations in force
in force, public contracts or delegated services

advisory. It is read and approved by the Regulatory Council
during the next session.

public on which a technical and financial audit will be carried out.
These markets and delegations correspond to a sample

Article 17: A fixed monthly allowance and benefits

random contracts and delegations drawn by the Chairman of the
Regulatory Council of the Market Regulatory Authority

various levels, fixed by order of the Minister in charge of finance,
remunerate the activities of the President of the Regulatory Authority

public, in the presence of the members of the said council, during a

tion of public procurement. Members of the Regulatory Board

meeting organized especially for this purpose.

tion receive a sessional allowance. These allowances and
the other advantages are fixed by order of the minister in charge

A judicial officer attends this meeting. Prior to

finances.

draw, it checks that:

Article 18: The President of the Regulatory Council ensures the

- appear in all the lots to be submitted for the drawing

representation of the Public Procurement Regulatory Authority.

issues all public contracts and service delegations

In accordance with the internal regulations and the decisions of the

public contracts concluded on behalf of the various

From May 2009
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Official Journal of the Republic of Congo

29

vrage, without the same market or delegation being found

carried out. This report is signed by the investigator and the

in more than one lot;

person concerned by the investigation. In case of refusal of this

- appears in each lot at least one of the markets or dele-

last, mention is made in the report, and trial-

gations possibly concluded by the general delegation

verbal is trained.

major works.
Article 29: At the end of his investigations, the investigator establishes
Article 23: The independent audit firm, with a professional reputation

a report that he notifies to the person concerned. This one has

professional referred to in article 22 of this decree has a

from this notification, a period of ten days for

three-month deadline for submitting his report.

produce any observations.

He can request and obtain communication from

Article 30: At the end of the period fixed in article 29 above, the

the Public Procurement Regulatory Authority of any document

researcher presents and submits his report to the audit committee

or part that he deems necessary for the accomplishment of his mission.

and surveys.

if we.
Article 31: The investigation report is sent to the authorities
It may, after having informed the Regulatory Authority of

having requested the investigation.

public contracts and obtained authorization, proceed to auditing
visits and visits that he deems necessary for the accomplishment of his

Article 32: The president of the regulatory council of the Authority

mission. In this case, it preserves the right to contradict

regulation of public contracts communicates the report

the administration, service, organization or company concerned

investigation to the Court of Auditors and the public prosecutor's office if the investigation

through the audit.

reveals cases of violation of the regulations on
public contracts and delegations of public service or rules

Article 24: The report of the independent audit firm makes

of criminal law.

mention of the results of the audit, as well as the observations
any of the administration, service or body concerned

Article 33: The Audits and Investigations Committee decides on

and the difficulties encountered.

opinions and decisions by simple majority of members
sitting. In the event of a tie, that of the chairman is pre-

The Public Procurement Regulatory Authority transmits the reports

weighting.

ports of audits and analyzes of audits on procurement
public contracts or public service delegations to the authorities

Chapter III: The dispute settlement committee

competent authorities responsible for ex ante control, to the general inspection
finance, to the General State Inspectorate, to the Court of

Article 34: A dispute settlement committee of the Authority

accounts and the observatory of good governance.

of public procurement regulation headquarters, depending on the facts
referred to it, either in the form of a litigation committee

Article 25: The Audits and Investigations Committee may expedite

ges, or in disciplinary training.

investigation. This investigation is carried out without prejudice to
existing controls and cannot justify an encroachment on

The Dispute Resolution Committee is made up of three

management or executive functions of the administration,

partite and parity of the six members of the regulatory council

service or organization concerned.

not part of the audit and investigation committee.

Article 26: Investigations can be initiated on the initiative:

Its presidency is exercised by right by the President of the Council.
regulation or, in the event of prevention, by any person

- the President of the Republic;

appointed for this purpose, from among its members, by the council.

- the President of the National Assembly;
- the President of the Senate;

Article 35: Members of the dispute settlement committee

- the minister responsible for the economy, finance and the budget;

ferends are subject to the same rules of incompatibility as

- of each minister, for matters falling within his

those provided for in article 11 of this decree.

ment or establishments placed under its supervision;
- the prefect;
- of the mayor ;

Article 36: The dispute settlement committee is responsible for,

- the Court of Auditors.

from:
- receive the denunciations of irregularities observed by

The Public Procurement Regulatory Authority may, in the

interested parties or those known to any other per-

conditions provided for by the Public Procurement Code, refer to

rings before, during and after the award or performance

and rule on irregularities, faults and infractions noted
thanks to the information obtained in the exercise of its

public contracts and public service delegations; if

sions of audits and controls.

these facts characterize regulatory violations
on public procurement, the president of the

Article 27: The president of the regulatory council of the Authority

Regulatory council seizes, either the committee of disputes,

public procurement regulation appoints a member in charge of

either disciplinary training, as the case may be; if these facts

to investigate the public market or the delegation of service

also characterize regulatory violations

public for which the Public Procurement Regulatory Authority

relating to the execution of public contracts, the President

was seized. He sets a deadline for carrying out his investigation and

of the regulatory council appeals to the committee in disciplinary formation

provide the report it calls for.

plinary; if they constitute a criminal offense, the Authority
regulation of public contracts refers to the courts

Article 28: The investigator may, in addition to the use of documents

competent;

ment in the possession of the French Market Regulatory Authority

- receive, register and examine the remedies exercised by

public, carry out all hearings and visits that it deems necessary

candidates and tenderers for public and delegated

saries.

public service obligations relating to the procurement procedure
Hearings and visits give rise to a detailed report.

tion of public contracts and public service delegations,

ç the nature, date and place of the findings or checks

as well as their execution.

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Official Journal of the Republic of Congo

Article 37: The Disputes Committee is seized of disputes relating to
to the award procedure, mentioned in the second paragraph

Special Edition N ° 2-2009

tion of disputes shall be pronounced as indicated in article 39
of this decree.

nea below, within the timeframe provided for by the provisions of
public procurement code and aimed at contesting:

Article 41: In matters of dispute, in accordance with the Code of
public contracts, on the award of contracts, the conditions

1- the decisions to award or not to award the contract or

publication of tender notices, the participation of

the public service delegation agreement;

candidates and the capacities and guarantees required of them, the
choice of procurement method and procurement procedure

2- the content of the tender documents, in particular:

selected selection, compliance of tender documents
the regulations and specifications adopted, as well as the

- the rules relating to the participation of candidates and

choice of evaluation criteria, the litigation committee is

capacities and guarantees required;

entered by memorandum, filed directly with the Authority

- the procurement method and the selection procedure adopted;

regulation of public procurement, sent by registered letter

- the compliance of the tender documents with the regulations

sent with acknowledgment of receipt or by any electronic means

mentation;

fuck.

- the technical specifications adopted;
- the evaluation criteria.

The author of the thesis claims a serious violation of the
regulation of public procurement and service delegations

The missions of the litigation committee are:

public vice, as well as an assessment of the damage he considers
to have suffered.

- try to reconcile the parties concerned and rule on
irregularities and violations of national regulations

It accompanies it with the letter from the person responsible for the contract.

that she notices;

ché rejecting his complaint, the decision of the hierarchical

- order any protective or corrective measure, or

quid of the latter, of all relative correspondences

suspension of the execution of the award procedure, the waiting

to the litigation, as well as any part of which he estimates the production

final tribution of the market being suspended until

necessary to support the merits of his request.

delivery of the commission's decision;
- give opinions in the context of the settlement procedure

The director general, upon receipt of the brief, issues the

out of court disputes relating to the performance of contracts

requesting a receipt on the spot, in case of direct deposit,

public and public service delegations.

or from the first working day, in the event of a referral by
electronic.

The decisions of the Disputes Committee are binding and
are binding on the parties. They are final,

It informs the other party of the received brief.

except in the event of an appeal before the competent courts. This
appeal does not have suspensive effect, the Chairman of the

Article 42: Referral to the litigation committee is an obstacle

regulation can also seize the commission to the effect of sta-

key to a concomitant referral to the competent court

kill on any procedural irregularity of which the Regulatory Authority

until the dispute resolution committee has

public procurement was reportedly seized.

still pronounced. It suspends the litigation deadlines before
this jurisdiction. However, legal recourse can be initiated.

Article 38: The Litigation Committee rules on disputes

ge in the event of no decision within fifteen days.

between the administrative bodies involved in
of the procurement or execution procedure

Article 43: The chairman of the disputes committee designates

public and public service delegations including the regulatory committee

a member responsible for reporting on the case.

ment of disputes was seized.
The rapporteur presents his report orally to the committee
Article 39: In matters of dispute, in accordance with the Code of

disputes.

public contracts on the disagreement between the client or
the delegated contracting authority and the general control department

The litigation committee hears the applicant who can be

the public procurement on the annulment of the choice of a

assisted by a lawyer or any person of his choice

duration of the call for tenders or on the award of contracts, the
litigation mission is referred to by the contracting authority or the

The disputes committee may, at the request of the chairman,

delegated project master. This one, address within 72 hours

hear anyone whose hearing is deemed useful.

working days of the refusal decision of the general management of
control of public contracts, by direct deposit, by letter

Article 44: The litigation committee can only deliberate

registered with acknowledgment of receipt or by any means

presence of half of its members. This deliberation is

electronic, a brief to the French Market Regulatory Authority

is held behind closed doors.

public checks, which informs said management. This one
has 72 hours to produce its observations.

Article 45: The dispute settlement committee ruling by

tions. The Disputes Committee takes a decision within

disciplinary training has the mission of pronouncing sanc-

ten days from receipt of the master's thesis

tions, in the form of temporary exclusion and penalties

work or the delegated contracting authority.

pecuniary, against tenderers, candidates or
holders of public contracts or service delegations

Article 40: In matters of dispute, in accordance with the Code of

public, in the event of violation of the regulations on

public contracts, on the refusal of contract approval by

sation and execution of public contracts and delegations of

the competent authority, the litigation committee is referred to by

public vice.

the contracting authority or the delegated contracting authority in the
same conditions of time and form as in article 39 above

These sanctions can also be pronounced by the com-

sus.

mission of disputes ruling on appeals.

The Public Procurement Regulatory Authority communicates the

The amount of penalties depends on the seriousness of the irregularities.

memory of the contracting authority to the judicial agent has a

theities and violations of the regulations and the advantages

72-hour deadline for submitting observations. The clerk

the author was able to draw from it. The pecuniary penalty cannot exceed,

From May 2009
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Official Journal of the Republic of Congo

for each breach, 5% of annual turnover

31

- prepare activity reports, as well as, under the authority

carried out by the author of the violation found.

of the President of the Regulatory Council, the accounts and
financial statements to be submitted to the Board for approval and

The dispute resolution committee informs the authorities

closing of accounts; as such, on delegation of the president

competent supervisory authorities as well as the judicial authorities of

of the Regulatory Council, it commits, liquidates and orders the

faults committed by State agents on the occasion of the

expenditure of the Public Procurement Regulatory Authority, and

sation or performance of public contracts and delegations of

liquidates, orders and collects the resources of

public service, with a view to adequate prosecution.

the Public Procurement Regulatory Authority;
- ensure daily technical management, administra-

Article 46: When it notes one or more of the cases

tive and financial affairs of the French Market Regulatory Authority

mentioned in the first paragraph of article 146 of the code of

public;
- recruit, appoint and dismiss staff members and

public contracts and, accordingly, decides to pronounce one
or more of the sanctions provided for in paragraph 2 of said article

set their remuneration and benefits, subject to

key, the disciplinary training proceeds as indicated

prerogatives recognized by the regulatory council;
- make purchases, place and sign contracts, contracts

article 43 of this decree.

and agreements related to the operation of the Regulatory Authority
public procurement, subject to approval

Chapter IV: General management

the chairman of the regulatory council for acquisitions
Article 47: General management is ensured by a director

and contracts for which the amount is greater than or equal to

general, recruited by call for tenders by the regulatory council,

25,000,000 CFA francs, to ensure its execution and

on the basis of criteria of moral integrity, qualification and

control, in strict accordance with the budget, in accordance with

professional experience in legal fields,

the legislative and regulatory provisions in force;
- take, in emergency cases, any precautionary measure

technical or economic aspects of public contracts and delegations

re necessary for the proper functioning of the Regulatory Authority

of public service.

public contracts, it is up to him to report on them
to the Regulatory Council;

The CEO is appointed by decree of the President of the

- execute, under the control of the regulatory council, any

Republic, on a proposal from the chairman of the regulatory board

mission falling within the general competences of the Authority

tion, for a three-year term renewable once.

regulation of public contracts, subject to prerogatiIn the event of the vacancy of the post of the general manager for cause

specific ves devolved under the terms of this decree,

death, resignation or permanent incapacity and pending

council and other bodies of the Regulatory Authority of

on the appointment of a new general manager by the

public markets.

competent authority, the Regulatory Council takes all
provisions necessary to ensure the proper functioning of

Article 49: The general manager is responsible to the

the Public Procurement Regulatory Authority by designating a

regulatory council which can sanction it in the event of misconduct

interim chosen from among the technical directors referred to in the ar-

serious or behavior likely to interfere with the good

article 55 of this decree.

market or in the image of the Market Regulatory Authority
public, in accordance with the procedures set by the regulations in
force.

Article 48: The general manager is responsible for the application of
the general policy of the Market Regulatory Authority
public, under the authority of the president and the control of the board

Article 50: The remuneration and miscellaneous benefits of the

regulation.

general capital are fixed by decree of the Minister responsible for
these on the proposal of the president of the regulatory council.

He manages under the authority of the president of the regulatory council,
Article 51: The general manager may delegate part of

the administrative services of the Market Regulatory Authority

its attributions to executives occupying managerial positions.

public. He can receive from the president delegation for
sign all administrative acts and decisions. He takes

Section 1: Services attached to general management

the measures necessary for the preparation and organization of
board work.

Article 52: The services attached to the general management are
the private secretary and the administrative and financial service.

As such, he is responsible, in particular, for:
- ensure the technical preparation of the files to be submitted

Sub-section 1: Private secretariat

to the Regulatory Council, prepare its deliberations, assist
ter as secretary-rapporteur of the board at the meetings

Article 53: The private secretariat is animated and directed by a

deny it and carry out its decisions;

secretary who has the rank of head of department.

- submit for adoption by the Regulatory Council, the projects
organization chart and internal regulations, as well as the grid

The private secretariat is responsible, in particular, for:

remuneration and employee benefits;
- develop, within the framework of the missions of the Regulatory Authority

- register, process and send confidential mail;

public procurement the annual activity program

- assist the general manager in his duties as secretary

ties, recommendations, draft regulations,

re-rapporteur of the regulatory council of the Regulatory Authority

standard document, procedure manual, program

lation of public contracts;

training or professional development

- collaborate with the administrative and financial service, in the

in the field of public procurement and delegation of services

framework for the preparation of documents, draft deliberation

public vice;

ration, statements and reports that the Director General must submit

- propose to the Regulatory Council to expedite the inquiries

submit to the regulatory council of the Authority for approval

tests, checks and audits on procurement procedures and

regulation of public procurement;

execution of public contracts and service delegations

- and in general all other tasks which may be

public;

wind be entrusted to him.

32
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Official Journal of the Republic of Congo

Sub-section 2: Administrative and financial service

Special Edition N ° 2-2009

The staff of the Public Procurement Regulatory Authority
is recruited according to a transparent and competitive procedure.

Article 54: The administrative and financial service is directed and
led by a department head.

Members of the management and staff of the Authority
regulation of public contracts should under no circumstances

It is responsible, in particular, for:

cer a commercial or salaried activity or benefit from a
remuneration in any form whatsoever, or have an interest

- register, process and send regular mail;

direct or indirect reest in a company participating in the

- manage the property and financial resources of the Authority
regulation of public procurement;

public order.

- prepare and produce financial statements;

Conflicts between the Public Procurement Regulatory Authority

- manage the assets of the Market Regulatory Authority

and its staff come under the jurisdiction of

public;

tents.

- manage the staff of the Market Regulation Authority
public;

Article 61: Salaries and financial benefits

- keep the markets, contracts and conventions;

cier and equipment of the staff of the Regulatory Authority of

- and in general, all other tasks which may be

public contracts are set by the President of the Regu-

wind be entrusted to him.

lation, subject to the powers devolved to the Board.
Section 2: Technical departments
Section 4: Resources of the Regulatory Authority for
public markets

Article 55: The general management of the regulatory authority for
public contracts, in addition to the services listed in article 52 below

Article 62: The resources of the Market Regulatory Authority

above includes:

public funds, in addition to the annual allocation from the State budget,
- the regulatory and legal affairs department;
- the direction of training and technical support;

are made up of:

- the statistics and documentation department.

- income from services rendered to stakeholders in the
public procurement system and service delegations

Responsibilities and organization of technical departments

public;

are set by regulation.

- income from all other services related to
the missions of the Public Procurement Regulatory Authority:

Article 56: Each technical department is placed under the authority of

sale of the Authority's publications to the private sector

rity of a director who is accountable to the director

regulation of public markets, revenues generated by

general.

publicity ;
- a percentage of the amount excluding tax of the contracts

Directors are recruited through a call for tenders by the
general management, and appointed, on a proposal from the latter, by

public or the turnover achieved by the holders of
public service delegations carried out throughout the

the president of the Regulatory Council.

national territory, registered with the Regulatory Authority
of public contracts and paid directly between its

Article 57: Each technical department has a secretariat

hands by the holders of these contracts and agreements; this

management board responsible for:

percentage is set for each year by the finance law
these, on the basis of the amounts of the contracts approved in

- receipt and registration of the mail he submits

second year course;

visa of the director;

- 50% of sales revenue from tender documents

- management of office supplies and equipment;

implemented by the legal persons referred to in Article 3

- typing or entering all administrative documents

of the public procurement code;

administrative;

- the costs of registering appeals in accordance with

- and in general all other tasks which may be
wind be entrusted to him by the technical director.

defined by the Regulatory Council;
- the pecuniary penalties pronounced by the Rules Committee -

Section 3: Human resources

ment of disputes;
- income from its property, funds and securities;

Article 58: The staff of the Market Regulatory Authority

- donations and bequests;

public funds have their own status approved by the

- exceptional contributions or subsidies from organizations

Regulatory Council.

my internationals;
- any resource affected by the finance law.

Article 59: The Public Procurement Regulatory Authority may
to employ :

The methods of collecting the proceeds from the sales of files
call for tenders and the abovementioned levies are

- contract staff recruited directly;

fixed by order of the Minister in charge of finance.

- officials on secondment;
- State employees covered by the pending labor code

Article 63: The resources of the Market Regulatory Authority

commitment or any other position permitted by the
current regulations.

public funds are public money and they owe
title, be managed according to the rules of public accounting.

Article 60: Officials on secondment and agents of
Sub-section 1: Budget and accounts

the State assigned to the Public Procurement Regulatory Authority
are subject, for the duration of their employment in his
within, to the texts governing the Market Regulatory Authority
public and labor laws, subject to the

Article 64: The budget of the Market Regulatory Authority

concerns civil servants, the provisions of the general statute

determines the nature and amount. It is prepared by the president

of the civil service relating to promotion, retirement and

dent of the Regulatory Council, assisted by the Director General. He

at the end of secondment.

is submitted to the Board for review no later than two months

From May 2009
Page
33

government plans and authorizes revenue and expenditure and in

Official Journal of the Republic of Congo

33

before the end of the current budget year. The budget is

State contracts and decree n ° 2006-335 of July 21, 2006

by the Council no later than December 1 of the same

modifying and supplementing decree n ° 2000-34 of March 20, 2000

year.

aforementioned, will be registered, published in the Official Journal and communicated
qué wherever needed.

Article 65: The fiscal year begins on January 1 and
Done in Brazzaville, May 20, 2009

ends on December 31 of the year, with the exception of the 1st financial year
which will run from the day of the creation of the

By the President of the Republic,

regulation of public contracts until the following December 31.

Denis SASSOU-N'GUESSO
For the Minister of the Economy, Finance
and the budget on mission,

Sub-section 2: External control
Article 66: External control of the management of the Authority

The Minister of State, Minister of Planning
and regional planning,

regulation of public procurement is ensured by means of a
audit carried out by an auditor and an audit

Pierre MOUSSA

external.

The Minister of State, Minister of Planning

Article 67: The auditor is appointed for a

and regional planning,

three-year non-renewable term. He proceeds at least two
times a year to a thorough audit of the treasury accounts

Pierre MOUSSA

sorerie and, at least once a year, to a verification of all
the accounts of the Public Procurement Regulatory Authority
Decree No. 2009-158 of May 20, 2009 reorienting
He sends his report directly to the president and to the members.

organization of the general delegation of major works.

bres of the Regulatory Council with a copy to the Director General
of the Public Procurement Regulatory Authority.

THE PRESIDENT OF THE REPUBLIC,

Article 68: The accounts of the Market Regulatory Authority

Considering the Constitution;

public funds must be audited once a year by a

Considering the decree n ° 2002-371 of December 3, 2002 establishing

net external audit recognized for its competence and selection

tion, powers and organization of the general delegation of

born by way of tender.

big works ;
Considering the decree n ° 2007-615 of December 30, 2007 appointing

Article 69: The Public Procurement Regulatory Authority is

nation of members of the Government;

also subject to verification by the supervisory bodies of

Considering the decree n ° 2008-4 of January 11, 2008 organizing

the State and the Court of Auditors.

tion of the representatives of the members of the Government;
Considering the decree n ° 2009-156 of May 20, 2009 on the code of
public markets.

TITLE III: MISCELLANEOUS AND FINAL PROVISIONS

DECREES:

Article 70: The regulatory authority for public contracts
address each year to the President of the Republic, to the

TITLE I: GENERAL PROVISIONS

President of the National Assembly, to the President of the Senate and
to the President of the Court of Auditors, a report presenting

Article 1: This decree reorganizes the

all of its activities during the previous year, and

general delegation of major works created by the first article

reporting on the efficiency and reliability of the

mier of decree n ° 2002-371 of December 3, 2002 referred to above.

procurement, execution and control of public contracts and
public service delegations, accompanied by all recommendations

Article 2: Are qualified major works, within the meaning of the present

tions likely to improve it. This report is published in

decree, contracts or operations of public procurement or dele-

Official newspaper.

public service obligation of the State or of other persons
public or private law legal entities subject to the decree

Article 71: Within the framework of its organic missions and

on the public procurement code, whatever the subject, of which

guardians as specified in article 3 of this decree,

the amount is greater than or equal to the delegation threshold of

the Public Procurement Regulatory Authority may appeal to

project management set by the decree relating to the pass thresholds

any resource person.

sation, control and approval of public contracts planned
in article 4 of the decree on the public procurement code.

The procedures for using external services are
Article 3: The resources of the general delegation of large

set out in a manual of procedures duly drawn up by the

works consist of:

managing director and approved by the regulatory board.

- State endowment;

Article 72: As soon as the organs of the Regulatory Authority are installed

- special registration under the contract, expressed in for-

of public procurement, the central commission of

percentage of the total amount of work;

government contracts and contracts transfers to the Regulatory Authority

- services resulting from the sale of consultation files

of public contracts the files of cases falling within its

tion of companies and market files.

competence, as well as all personnel and assets
who were assigned to him

TITLE II: ATTRIBUTIONS

Article 73: This decree which repeals all provisions

Article 4: The general delegation of major works is the order

previous contrary, in particular decree n ° 2000-34 of 20

administrative and technical body responsible for the award and

March 2000 establishing a central market commission and

for the execution of public procurement contracts and

34
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Official Journal of the Republic of Congo

Special Edition N ° 2-2009

delegation of public service from the State and other persons

He signs the order letters and checks the accounts of the

public or private law legal entities subject to the decree

worth.

on the public procurement code, falling under the threshold defined in
article 13 of the decree setting the award thresholds,

Article 12: The general delegation of major works, in addition to

control and approval of public contracts.

the general delegate includes:

As such, the general delegation of major works exercises the

- the assistant to the general delegate;

fullness of the powers previously vested in the management

- the technical coordinator;

centralization of government contracts and contracts.

- the Secretary General ;
- the technical committee.

Article 5: Legal persons governed by public law or law

Chapter 1: The General Delegate

private sector mentioned, as contracting authorities, in article 3
of the decree on the public procurement code, resort to the

Article 13: The general delegate ensures the direction, plans and

general delegation of major works, as master

coordinates the activities of the general delegation of large

delegated work as defined in Articles 2 and 11 of said Decree

works.

ret, for the preparation, award and follow-up of execution of
public procurement contracts or delegation contracts

Article 14: The general delegate is appointed by decree of

public service corresponding to the threshold defined in Article 13 of

President of the Republic.

decree setting the thresholds for award, control and
Article 15: The general delegate assumes the function of person
responsible for public procurement.

approval of public contracts.
Article 6: Within the framework of its project management functions
delegated ge, the general delegation of major works has for

It may, in accordance with article 11 of the decree on the code of

missions to ensure management, technical and financial monitoring

public procurement, appoint a person responsible for
public contracts responsible for implementing the procedures

large contracts.

award and execution of public procurement contracts or
public service delegation contracts.

As such, it is responsible, in particular, for:

Chapter 2: Assistant to the Delegate General
- develop, in consultation with the client,
procurement programs;

Article 16: The assistant to the general delegate coordinates the

- organize and proceed with the call for competition from

ble of the services placed near the general delegate. He is named
by decree of the President of the Republic.

candidates for public contracts or service delegations
public;
- analyze and evaluate the offers for the execution of contracts

Services placed near the general delegate for major works

public funds or public service delegations;

are :

- draft, conclude and manage contracts;
- the legal and litigation department;

- assess, from a technical and financial point of view, the quotes of thespecifications and estimates of the contracts, as well as the accounts

- the public relations department;

relating to their execution;

- the mail and file service;
- the cooperation service;

- organize and receive the works, goods or

- the internal audit service;

services and control the execution of the public service by the

- the private secretary.

delegatee.

Chapter 3: Technical coordination
Article 7: To carry out its procurement mission,
the general delegation of major works uses the unit

Article 17: Technical coordination is placed under the authority of

management of public contracts created within it, as previously
seen in article 12 of the decree on the public procurement code.

ty of a technical coordinator, appointed by decree of
President of the Republic.

Article 8: For the performance of some of its specific tasks

It brings together the departments corresponding to the different

fiques, the general delegation of major works can do
appeal to all knowing, in accordance with the provisions of

types of operations including the general delegation of large
work at the expense, as well as the contract management unit

ret on the public procurement code.

public.

Article 9: The annual operating costs of the delegation

Each department is responsible for preparing
technical files and monitoring of contract performance

general management of major works are the responsibility of the State. They

concluded.

are the subject of appropriations provided for in the State budget. These credits
must be sufficient and cover all the expenses of

The public procurement management unit is responsible for
conduct of the procurement procedure until the

this, as estimated by the delegate general.

conclusion of these.
TITLE III: OF THE ORGANIZATION
Article 10: The general delegation of major works is

Article 18: The expertise developed in each of the departments
ments covers all transactions for a corresponding amount

directed and led by a general delegate.

meeting the competence threshold of the general delegation
major works.

Article 11: The general delegate for major works is the
person responsible for public procurement.

Chapter 4: The general secretariat

As such, he signs contracts falling under the procurement threshold

Article 19: The general secretariat is directed and animated by a

in accordance with the decree setting the pass thresholds

secretary general appointed by decree of the President of the

tion, control and approval of public contracts.

Republic.

From May 2009
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Official Journal of the Republic of Congo

He is responsible, in particular, for the management of personnel, finances and

35

equipment.

The Minister of State, Minister of Planning
and regional planning,

Article 20: The general secretariat includes:

Pierre MOUSSA
The Minister of State, Minister of Planning

- the finance department;

and regional planning,

- the IT and new technologies department;
- the human resources and material department.

Pierre MOUSSA

Chapter 5: The technical committee

Decree n ° 2009-159 of May 20, 2009 granting
goals, organization and operation of general management
control of public contracts.

Article 21: The technical committee is the management body of the
general delegation of major works.

THE PRESIDENT OF THE REPUBLIC,
He is responsible for carrying out the missions entrusted to it and
defining its general policy.

Considering the Constitution;
Considering the decree n ° 2007-615 of December 30, 2007 appointing

Article 22: Placed under the authority of the delegate general, the committee

nation of members of the Government;
Considering the decree n ° 2008-04 of January 11, 2008 organizing
tion of the representatives of the members of the Government;

technique includes:

Considering the decree n ° 2009-156 of May 20, 2009 on the code of
public markets ;
Considering the decree n ° 2009-157 of May 20, 2009 on the organization

- the assistant to the general delegate;
- the technical coordinator;
- the Secretary General.

and functioning of the market regulatory authority
public.

The technical committee may, if necessary, have recourse to
any resource person.

DECREES:

The technical committee meets at least once a quarter

TITLE I: GENERAL PROVISION

with a view to examining the activity reports drawn up by the secretary
general tariat and technical coordination, each in its own
field.

Article 1: This decree fixes, in application of
provisions of article 17 of decree n ° 2009-156 of 20 May
2009 referred to above, the attributions, organization and functioning

The technical committee meets whenever the delegation

ment of the general direction of control of public contracts.

general works is called upon by the Authority of
TITLE II: ATTRIBUTIONS

regulation of public contracts, or by the Court of Auditors and
budgetary discipline.

Article 2: The general direction of market control
public ensures, the control of the application of the regulations
public contracts and public service delegations.

The general delegate can convene the technical committee each time
he deems it useful.

As such, it is responsible, in particular, for:

The decisions of the management committee are recorded in a
minutes signed by the delegate general, the delegate's assistant

- control a priori the procedure for awarding and monitoring
methods of execution of public contracts and delegations
public service by the contracting authorities, in accordance with
ment to the Public Procurement Code;

ford general, the secretary general and the coordinator
technical.
TITLE IV: MISCELLANEOUS AND FINAL PROVISIONS

- examine, at the level of procurement bodies, the regulatory
ty of procedures for recourse to competition and the award of
tion of public contracts and public service delegations, the

Article 23: Staff and equipment assigned to management

transparency of the process of said contracts and delegations
and ensure the genuinely acceptable character of their
administrative, financial and technical conditions;

central government contracts and contracts for the execution of
its public service mission are transferred to the delegation
general of major works.

- give opinions of no objection and decisions of authorization
sation within the framework of the procurement, award
or execution of public contracts or delegations of services
vice public, rendered vis-à-vis the contracting authorities

Article 24: Each department has a direct secretariat
managed and led by a secretary who has the rank of office manager.

in accordance with the Public Procurement Code.

Article 25: The attributions and organization of the services and
offices to be created, as necessary, are fixed by

Under the public procurement procedure

stopped.

and public service delegations:
- ensure that the client or the client
concerned delegate puts potential candidates in competition
for public contracts or public service delegations

Article 26: This decree which repeals all provisions
previous contrary, in particular Decree No. 2003-62 of 7
May 2003 reorganizing the delegation of major
works, will be registered and published in the Official Journal and
equipped wherever needed.
Done in Brazzaville, May 20, 2009
By the President of the Republic,
Denis SASSOU-N'GUESSO

through the use of the tendering procedure in accordance with
the regulations and procedures in force;
- authorize the contracting authority or the delegated contracting authority
to use a procurement method other than
The call for tenders ;
- grant to the client or the delegated client
ford, under the conditions provided for by the Market Code

For the Minister of the Economy, Finance

public, a special authorization to resort to the
lasts for the over-the-counter market. This authorization is only
tifies that in one of the limiting cases in accordance with the Code

and the budget on mission,

public procurement;

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Official Journal of the Republic of Congo

- authorize after publication by the contracting authority or
delegated contracting authority for the decision declaring unsuccessful

As such, it is responsible, in particular, for:

Special Edition N ° 2-2009

call for tenders, to proceed to a consultation
at least three contractors, suppliers or service providers
silent;
- authorize the contracting authority or the delegated contracting authority

- coordinate all the activities falling within its competence
tence;
- periodically convene the technical committee and the presidents
specialized committees;

to use the two-step tendering procedure
in accordance with the Public Procurement Code on the basis
a reasoned report from the latter;

- evaluate, according to a periodicity that it determines, the respect of
orientations, the level of achievement of objectives and
complementing the performance of senior management

- give advice to the client or the client delegated age when the latter plans to resort to the
duration of restricted call for tenders for the award of

control of public contracts.
Article 4: The general direction of market control

chés in accordance with the Code des Marches Publics;
- be able to authorize the client or the client
delegated to reduce the deadlines to twenty calendar days
in accordance with the Public Procurement Code. This self-

public, in addition to the technical committee and the special
sées includes:
- legal and research department;

risation is only granted if the contracting authority or
work delegated invokes a case of emergency duly
motivated, not requiring immediate intervention;

- administrative management;
- the information and assistance department.

- approve, provided that they are duly motivated by
contracting authorities or delegated contracting authorities,
justifications of technical capacities other than those

Chapter 1: The technical committee
Article 5: The technical committee is responsible for the execution of

mentioned in the Public Procurement Code;
- validate the procedure for selecting the delegatee under
its skills in the control of procedures
award of public service delegations.

missions entrusted to it. He coordinates the activities of
control carried out by specialized committees.
Article 6: The technical committee comprises, the general manager
ral of the control of public contracts, the legal director and
studies, the administrative director and the information director
mentation and assistance.

Under the procedure for awarding public contracts
and public service delegations:

Members are chosen from among inspection officers
General of Finance and the General State Inspectorate having at

- validate, if applicable, the report by which, within
of the master's public procurement management unit
contracting authority or the delegated contracting authority, the commissioner

minus the inspector rank.

contracting authority, designates the successful tenderer
market ;
- be referred, as part of a reasoned request, by the

The technical committee may call on any person ressource.

contracting authority or the delegated contracting authority if the latter
decides that the tender procedure be canceled;
- ensure that the public contract that the contracting authority or

Chapter II: Specialist committees

the delegated contracting authority intends to pass is financed by
an available credit.

Article 7: The committees are bodies responsible for
a priori examination of procurement procedures
public contracts or public service delegations initiated by
contracting authorities or delegated contracting authorities.

Under the procedure for the execution of public contracts
and delegations of public services:

They are responsible for the corresponding markets
to the thresholds, in accordance with the decree setting the pass thresholds
control and approval of public contracts, examinations
undermine the files of public contracts or

- be requested to authorize a contract amendment
public. This authorization must comply with the provisions
provisions of the Public Procurement Code;
- authorize the renewal of the customer market such as

delegation of public service and to propose that it be:

defined by the Public Procurement Code.
- issued opinions of no objection on the appeal offres;
- granted authorizations or exemptions provided for by the
Rules of the public markets ;

Under the missions in consultation with the authority of
regulation of public procurement:

- issued a no-objection opinion on the analysis report
parative of offers and proposals, and the minutes
provisional award of the contract drawn up by the commission
contracting authority;

The general direction of the control of the public contracts
consultation with the regulatory authority for public procurement
for the realization of the activities carried out by the latter in
matter of:

- carried out a legal and technical examination of the
market prior to its approval;
- issued a no-objection opinion on the procurement projects and

- training, awareness and information for operators
economic and market institutions
public and public service delegations on the framework
regulatory and institutional governing the contracts of

endorsement.
Article 8: The specialized committees are numbered

public markets ;
- collection and centralization of documentation and statistics
on the allocation, execution and control of contracts
public checks and public service delegations;

four, namely:
- the road and other infrastruc- ture's commission
tures;

- programming and organization of initial training and
of the players in the procurement system
public and public service delegations.

- the commission for building and equipment contracts;
- the general supply contracts commission
raux or grouped contracts;
- the commission for studies, audits and organization
sation not related to any of the aforementioned fields.

TITLE III: OF THE ORGANIZATION
Article 3: The general direction of market control
public is headed and moderated by a general manager.

From May 2009
Page
37

Article 9: The road and other contracts commission
infrastructures is responsible for works contracts

Official Journal of the Republic of Congo

37

roads, road works and various networks, roadworks
construction of bridges, dams, airports, infrastructure

Article 17: Members of specialized committees,
except those who are members of the technical committee,

railways and other engineering structures, works contracts
hydraulics, electrification and telecommunications, as well
that supply contracts, service contracts,
intellectual services markets and labor markets

are appointed by decree of the Minister in charge of finance to
a three-year term, renewable once.

values ​directly or indirectly linked to said works.
Article 10: The commission for building and equipment contracts

provisions of article 14 of this decree, appointed by decree
té, the chairmen of the specialized committees among the
members of the technical committee.

pement is responsible for construction works contracts.
ment, the works contracts for the development of the domain
public, as well as for supply, service or

Article 19: The functions of member of a special committee
cialised are incompatible with those of a member of

intellectual services which are directly or indirectly
related.

public procurement or public service delegations
or member of the regulatory authority for public procurement.

Article 11: The procurement markets commission

Any member of a specialized committee cannot participate

general or group contracts is responsible for
supply contracts other than those dependent on one
or the other of the specialized committees mentioned above

for deliberation if, during the last five years, he has,
directly or indirectly, collaborating in the activities of the
company or the person concerned by the contract project

sus. It intervenes in particular for the supply markets.
miscellaneous goods intended for services or administrations:
office equipment, electronic equipment supplies, oven

for which the specialized commission intervenes.

niture and maintenance of vehicles, supply of medicaments, biomedical material and hospital equipment,
supply of books, school materials and educational tools
gique and others.

cialized leaving office within two years of
the termination of their functions, to take shareholdings
or to engage by employment or service contract
vice, in a company whose specialized committee

Article 18: The Minister in charge of finance, subject to

Likewise, any member of a special committee is prohibited.

which he participated, examined the file.
Article 12: The commission for studies, audits and
organization not related to any of the aforementioned fields

Article 20: The members of the specialized committees are

is responsible for contracts related to all services to
intellectual or service character.

required to observe professional secrecy for information
statements, facts, acts and information of which they are aware
in the performance of their duties.

Article 13: The director general can propose to the minister
in charge of finances modification of the list of committees
specialized, either by abolishing or merging clerks
existing sions, or by creating new committees

When they take up their duties and at the end of them, they are
honor a written statement addressed to the president of the
Court of accounts of all their property and patrimony.

sions.
Chapter III: Legal management and studies
In addition, if it appears that none of the specialized committees
Article 21: The legal and studies department is responsible
legal analysis and study of cases for which
the contracting authorities or delegated contracting authorities
provide notice of no objection or authorization from management

is not really competent to examine a specific market
mined, the director general may, after having informed the
Minister in charge of finance, exceptionally institute
an ad hoc committee called to rule on the file. This
commission ceases its functions as soon as the object is achieved
having justified its creation.

general control of public contracts, and the study of
actions for which the general management of
control of public contracts consults with the authority of

Article 14: Each specialized commission comprises five
permanent members who have voting rights, namely:

regulation of public procurement.

Chairman: a member of the technical committee;

of the activities of the specialized and centralized committees,
liaison with the latter, mail intended for general management
control of public contracts.

He ensures, on delegation from the Chief Executive Officer, the coordination

Secretary: the legal and studies director;
Members :
- a financial controller;
- a representative of the minister in charge of finance;

Chapter IV: Administrative management
Article 22: The administrative department ensures, under the authority of

- an expert appointed by the general manager, chosen from a
list drawn up and regularly updated by the
regulation of public contracts, because of its
these particulars in the field concerned by the project of

ty of the Director General, the day-to-day operation of the
Directorate-General for Public Procurement Control. He assists
the director general in the preparation of the budget and in the
Human Resource Management.

market.
Chapter V: Information and assistance department
Any specialized committee may, at the request of its president, use the expertise of anyone, even
not attracting the status of civil servant or public official, specialist
in the field concerned by the project. That person

Article 23: The information and assistance department is
in charge of general communication of the general management
control of public contracts, assistance to personnel

does not have voting rights.
This composition can be readjusted by order of the Minister
in charge of finance, on the proposal of the regulatory authority

public or private law legal entities subject to the Code
public procurement for the development of their management plans
sation of markets, technical support to market players
procurement, monitoring of budget execution and all

public procurement after qualitative assessment.

other tasks entrusted to it by the general manager.

Article 15: The road and other markets commission

TITLE IV: OPERATION

infrastructures is chaired by the general manager.
Article 16: There is a single financial controller for the entire

Article 24: Any file sent to the general management of
control of public contracts by the contracting authority or

seems specialized commissions.

delegated contracting authority gives rise, when this is

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Official Journal of the Republic of Congo

Special Edition N ° 2-2009

plet, upon issuance of an acknowledgment of receipt. Any file
deemed incomplete is declared inadmissible.

regulation of public contracts in accordance with the
tation in force.

The file is first examined by the general manager or the
legal and studies director. At the end of this first examination
men, the technical committee may decide to either proceed to a

Article 31: The technical committee draws up internal regulations
laughter of the general direction of control of public contracts
specifying the operating rules of its organs.

direct sending of observations or recommendations to the teacher
or to the delegated contracting authority, either to register the
dossier on the agenda of the competent specialized committee

These regulations must comply with the provisions of this
decree.

attempted.

TITLE VI: FINAL PROVISION

The general direction of control of public contracts proceeds
the sending of the file mentioned above within ten

Article 32: This decree which repeals all provisions

days from the acknowledgment of receipt.

previous contrary will be recorded, published in the Official Journal.
sky and release wherever needed.

In the event of a decision on the registration mentioned above, the
Directorate-General for Public Procurement Control decides,
from the acknowledgment of receipt, within fifteen
days.

Decree n ° 2009-160 of May 20, 2009 fixing the modalities
public procurement approval bodies.

The general direction of control of public contracts is
automatically withdraw from the file if it does not speak
not within the allotted time.

THE PRESIDENT OF THE REPUBLIC,
Considering the Constitution;

In this case, his silence constitutes an agreement of no objection or
realization.

Considering the decree n ° 2007-615 of December 30, 2007 appointing
nation of members of the Government;
Considering decree n ° 2008-4 of January 11, 2008 on the organization

Article 25: The convocation of the specialized commission
petente is decided by its president, after having informed
the Director General of the Directorate General for the Control of

acting members of the Government;
Considering the decree n ° 2009-156 of May 20, 2009 on the code of
public markets.

public markets.
In the Council of Ministers,
Any specialized committee cannot validly deliberate
that if more than half of its members having voting rights
ve are present.

DECREES:
Chapter 1: General provision

The chairman of the specialized commission fixes the dates and the
date of meetings thereof.

Article 1: This decree fixes, in application of
provisions of article 15 of the above-mentioned public procurement code

Article 26: The president of the specialized commission chooses,

Sé, the procedures for approving public contracts.

among the members, a rapporteur who examines the aspects
technical documents received from the client and drafts
a report within a maximum of one week. The report
teur answers any questions from members of the committee.

Chapter 2: Approval
Article 2: Approval is the act by which the competent authority

mission. He can take part in the deliberation.

tries, validates the contract award decision by the master
contracting authority or the delegated contracting authority after
the favorable opinion of the Directorate-General for the Control of

Article 27: The president of the specialized commission may,
if necessary, invite the client or the client
vrage delegated to present observations to it.

public.
The approval gives final and binding character to the
contract signed by the successful tenderer.

Article 28: The decisions of the specialized commission are
taken by a simple majority of the members present. In case of
sharing of votes, that of the president is preponderant.

Article 3: Any public contract is transmitted to the competent authority
tent for approval, after favorable opinion of management

Minutes are drawn up of each session of the committee.
specialized sion. This is signed by each member
present.

general control of public contracts and signature by the
person responsible for contracts within the management unit
tion of the public contracts of the client or the owner
delegated work concerned.

Article 29: The decisions and opinions of the special commission
and motivated, are sent to the general manager who carries them

Article 4: The person responsible for contracts cannot be
the authority responsible for approving the contract.

to the knowledge of the client or the client
delegate.
Copies of these decisions and opinions are sent for information.

Article 5: The contracting authority or the delegated contracting authority

tion to the minister responsible for finance, to the ministers concerned,
as well as to the public procurement regulatory authority.

is required to submit the contract for approval within the
validity of offers.

Decisions may be communicated to any submissioninterested party who requests it.

Article 6: The successful tenderer may not avail himself of the
clauses of the contract as long as the approval thereof is not
intervened.

Article 30: If the opinion or decision of the general management of
Chapter 3: Competent approval authorities

control of public contracts is favorable, the contracting authority
ge or the delegated contracting authority may continue the procedure.
re of public procurement or delegation of service

public procurement

this audience.

Article 7: Public contracts are approved by

In the event of an unfavorable opinion or rejection of the authorization request

the President of the Republic or by the Minister responsible for
finances, according to the thresholds set by the decree setting the
procurement, control and approval thresholds

operation, the contracting authority or the delegated contracting authority may
seize the dispute resolution committee of the authority of

From May 2009
Page
39

public.

Official Journal of the Republic of Congo

The minister responsible for planning approves public procurement
sés on behalf of the ministry in charge of finance

39

budget allocated to the market in accordance with the decree
both public procurement code.

when the said contracts are for a corresponding amount
at the competence thresholds of the minister in charge of finance.

Refusal to grant visa or approval is expressed by
a reasoned decision, rendered within ten calendar days of

Chapter 4: Content of the approval file

transmission of the approval file by the supervisor

of the market

works or the delegated contracting authority. This decision can make
the subject of an appeal before the market regulatory authority

Article 8: With a view to the approval of a contract, the authority

public from any party to the contract.

competent decision on the basis of the file transmitted by the
contracting authority or the delegated contracting authority, including

Article 15: Any contract signed, but the approval of which is

especially :

refused, is null.

- a slip summarizing the nature and number of parts

Article 16: In the event of expiry of the planned commitment period

these components of the approval file;

by the public procurement code, the contract awardee can

- a presentation report specifying the subject of the contract or

refuse the notification of the market subject to having made the

of the rider;

written declaration by registered letter to the client

- the tax or customs regime of the market or rider;

or to the delegated contracting authority before the date of this notification.

- the favorable opinion of the Directorate-General for Market Control

tion.

public expenses;
- the contract or the amendment signed by the contracting parties;

Article 17: The successful tenderer may enter into a contract before the

- a document justifying the existence of budgeted financing -

competent courts the responsibility of the contracting authority

shut up from the market.

or the delegated contracting authority and obtain compensation for the prejudice
Article 9: In addition to the elements mentioned in article 8 below

dice suffered, if the actions of the administration have delayed

above, the contract approval dossier includes the

market approval.

following items:
Chapter 6: Final provisions
- for contracts awarded on the basis of a call for tenders: the
minutes of the procurement committee

Article 18: The provisions of this decree are applicable

proving the award of the contract or a certified copy

in terms of the approval of public service delegations.

compliant by the president of the sales management unit
relevant public;

Article 19: This decree which repeals all provisions
previous contrary, will be registered and published in the Official Journal.

- for contracts awarded on the basis of a rescontracted or by mutual agreement: the authorization of the general management

sky and release wherever needed.

the control of public contracts.
Article 10: For the approval of a contract, the authority

Done in Brazzaville, May 20, 2009

competent authority may require the contracting authority or the contracting authority
delegated authority, to produce additional documents

By the President of the Republic,

whose consultation it considers necessary, prior to its

Denis SASSOU-N'GUESSO

approval decision.
For the Minister of the Economy, Finance
Chapter 5: The approval decision

and the budget on mission,

and the rejection decision
The Minister of State, Minister of Planning
Section 1: The approval decision

and regional planning,

Article 11: The competent authority makes its decision known

Pierre MOUSSA

approval to the client or the client
delegate.

The Minister of State, Minister of Planning
and regional planning,

Article 12: In the event of approval, the contracting authority or
delegated contracting authority, after completion of the formal

Pierre MOUSSA

registration with the General Directorate of
taxes, notifies the contract to its holder before anything begins.
execution ment.

Decree No. 2009-161 of 20 May 2009 concerning organized
establishment and operation of the market management unit

The notification takes place within three calendar days of the

public.

date of signature of approval by the competent authority. It
marks the entry into force of the market. However, the notification

THE PRESIDENT OF THE REPUBLIC,

tion occurs at a later date if a clause of the contract
foresee it.

Considering the Constitution;
Article 13: Within fifteen calendar days of entry

Considering the decree n ° 2007-615 of December 30, 2007 appointing

in force for the contract, a final award notice is

nation of members of the Government;

published in a public procurement journal or any other

Considering decree n ° 2008-4 of January 11, 2008 on the organization

authorized journal.

acting members of the Government;
Considering the decree n ° 2009-156 of May 20, 2009 on the code of

Section 2: The rejection decision

public markets.
Article 14: The competent authority does not grant the visa or
approval in the event of absence or insufficiency of funds

DECREES:

40
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Official Journal of the Republic of Congo

TITLE I: GENERAL PROVISIONS

Special Edition N ° 2-2009

as well as the members of the procurement committee
markets.

Article 1: It is instituted with each master of
works and the delegated contracting authority, in accordance with the code

Members of the public procurement management unit

public procurement, a structure called the management unit

as well as those of the procurement commission

tion of public procurement.

are appointed for a period of three years renewable once
time.

The public procurement management unit is placed under the authority of
tority of the person responsible for public contracts, such as

They must have the profile of a lawyer specializing in commercial law.

as defined in the public procurement code.

public services, administrator of administrative services and
financial or engineer of rural or civil engineering, or have

Article 2: The public procurement management unit is responsible for

proven expertise in a particular field related

management of the entire procurement procedure

with the relevant market.

public contracts and public service delegations.
Article 5: The functions of member of the management unit
As such, it is responsible, in particular, for:

of public contracts are incompatible with those of Member
bre of the Directorate-General for Public Procurement Control and

- planning public contracts and service delegations

member of the Public Procurement Regulatory Authority.

public;
- develop, in collaboration with the departments responsible for

They are also incompatible with the fact of holding,

studies, planning and budget management, a

directly or indirectly, interests in companies

annual public procurement plan and the commu-

its tenderers or to be an employee or to have benefited

inform the ministries intervening in the chain of

remuneration or a benefit in any form

public expenditure ;

it is on behalf of the said companies.

- ensure the reservation of credits and funds intended
to finance the public market or the delegation of services

Members of the public procurement management unit do not

public envisaged with the ministries involved in the

can exercise an elective mandate at the national level,

public expenditure chain;

mental or municipal, nor a commercial or
consultation in relation to their missions.

- determine the procedure and type of contract to be concluded;
- prepare the tender and consultation documents,
as well as the technical specifications in collaboration with

They are bound by an obligation of discretion and cannot

the competent technical services, in accordance with

mission to a market which they have to know within the framework

standard records in force;

of their functions.

- launch calls for competition;
When they take up their duties and at the end of them, they

- receive offers, register them and proceed to their evaluation

on the honor a written declaration addressed to the president of

tion and classification;

the Court of Auditors and budgetary discipline of all their

- draw up draft contracts and, where applicable, their statements

property and heritage.

nants;
- participate in the reception of works, supplies and

Article 6: Members of the contract management unit

services, subject of the said contracts;

public cannot be disciplined

- keep the public procurement monitoring register and delegate

for the comments made or the acts carried out within the framework of

public service;

the exercise of their functions.

- write the procurement reports for the project manager
ge or the delegated contracting authority and send them to the

Article 7: In compliance with the provisions of the Code of

Directorate-General for Public Procurement Control and

public contracts and those of its application texts, the rules

the Public Procurement Regulatory Authority.

organization and operation of the management unit
public contracts, those of the procurement commission

Any public procurement management unit that has the

markets and the analysis subcommittee, can be

sufficient capacity, can also perform a support mission

set out in internal regulations approved by the person

from other management units and project owners

responsible for contracts in accordance with a standard model

or delegated contracting authorities who do not have one.

dard established by the Public Procurement Regulatory Authority.
Article 8: The person responsible for public contracts

TITLE II: OF THE ORGANIZATION

address to the Public Procurement Regulatory Authority, copy

AND OPERATION

no-objection notices, authorizations, trials
verbal, evaluation reports and contracts relating to

Chapter I: Organization

each public contract or public service delegation whose
public procurement management unit is seized, as well as

Article 3: The public procurement management unit

any report drawn up by him.

takes a procurement commission.
Article 9: The person responsible for public procurement
The person responsible for public procurement chairs the committee.

on the technical, administrative and financial management of the

procurement mission and sets up within

public procurement management unit.

this one, on the occasion of each call for tenders, a subcomponent
analysis mission, responsible for evaluating the offers and proposing to

Chapter II: Operation of the commission

the procurement commission, recommendations

procurement

provisional award of contracts.
Article 10: The procurement commission is responsible for
Article 4: The person responsible for public contracts, pre-

management of the opening of tenders, the examination of applications and

chair of the public procurement management unit, designates its

the evaluation of the offers or proposals of the candidates and

members, who are chosen on the basis of their competence,

bidders.

From May 2009
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41

Official Journal of the Republic of Congo

As such, it is responsible, in particular, for:

41

b) - For the award:

- lead, in compliance with the provisions of the code of

- the minutes of the bid opening session;

public procurement, the work of the analysis sub-committee

- a presentation note from the client or the

lysis;

delegated contracting authority concerned;

- keep a file of the contracts examined by the sub-committee

- documents attesting to the availability of financing or

analysis;

budget entry;

- keep in a forgery-proof register, numbered and initialed

- the tender dossier itself, including

by the Public Procurement Regulatory Authority, the lawsuits

in particular the draft notice of the invitation to tender, the instructions

verbal documents of the meetings, the extracts of which are regularly

to tenderers or the specific rules of the call

ment transmitted;

offers, evaluation criteria, model of the draft

- adopt its decision to provisionally award the contract, on

market, the technical specifications, the reports

the basis of the evaluation report prepared by the

study ports and plans, if applicable;

analysis commission and give its opinion within a maximum

- the offer analysis report and, possibly, the report

less than seven working days from the date of receipt

summary signed by the members of the sub-committee

tion of the file;

analysis;

- transmit to the representative of the client the proposals
sitions of provisional contract award;

c) - For the examination of draft contracts:

- ensure the proper maintenance of the archives of awarded contracts.
- a presentation note from the client or the
Article 11: The functions of member of the committee

delegated contracting authority concerned;

procurement are incompatible with the exercise

- the minutes of the awarding session of the said contract;

an administrative function within the management unit

- the negotiation report, if applicable;

of public contracts associated with the preparation of application files

- the contract project signed by the successful tenderer;

pel of offers of the markets on which the operations must relate
devaluation.

d) - For the examination of draft amendments:

The provisions of article 6 of this decree shall apply.

- a presentation note from the client or the

open to members of the procurement commission

delegated contracting authority concerned;

dear.

- the preliminary study justifying the proposed amendment, if
appropriate;

The provisions of article 25 of this decree shall apply.

- the basic market and, if applicable, the amendments already

open to members of the procurement commission

concluded;

dear.

- the acceptance report, if applicable;
- the draft amendment signed by the co-contractor of the admi-

Article 12: The representative of the beneficiary department participates

registration.

the work of the procurement commission with
consultative voice.

Section 2: Opening of the folds

Article 13: The modalities of meeting of the members of the

Article 15: The chairman of the procurement commission

procurement mission are set by the regulations

markets ensure beforehand before the opening of the envelopes,

interior of the public procurement management committee.

from the participants, that the bidders' offers
arrived within the time limits set by the regulations in

Members of the procurement committee

force, before declaring the opening of the meeting.

consult at the head office of the client or the client
ge delegated a copy of all the documents on which

He also ensures that the folds are closed and proceeds to their

they have to express themselves and which are made available to them at the

opening, checks the conformity of administrative documents

at least seventy-two hours in advance.

conducted by the bidders and initials the bids and parts
these administrative.

The procurement commission cannot validly
deliberate that in the presence of at least three quarters of its

He gives or causes to be read publicly the documents admitted

members.

administration and the main elements of the offers in particular,
the amount for financial offers, discounts granted and

The resolutions of the procurement committee

delays.

are taken by a simple majority of the members present. In case
of equality of votes, that of the president is preponderant.

At the end of the opening of the bids, the copies of the bids are
entrusted to the analysis subcommittee.

Section 1: Procedures for examining files

A report of the opening of the meetings is drawn up immediately.

Article 14: Files submitted for examination by the committee

envelopes containing the particulars referred to by the market code

procurement procedures must contain, in particular:

public. A copy of the said report to which is annexed
the attendance sheet is given to all participants at the end

a) - For the opening of the folds:

of the session.

- a copy of the notice of invitation to tender and of the subsequent additions
He sees to the conservation of the original of the offers.

quents published in the press;
- the register of tenders;

The procurement commission sets the duration of the assessment.

- an extract from the instructions to tenderers and / or the
specific regulations for the call for tenders relating to the

assessment of technical and financial offers. This delay cannot

tion of offers;

in no case exceed fifteen days.

42
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Official Journal of the Republic of Congo

Section 3: Powers and functioning

Special Edition N ° 2-2009

The analysis subcommittee can only deliberate if all
its members are present. The deliberation takes place behind closed doors.

of the analysis sub-committee

The members of the analysis sub-committee are required to

Article 16: The analysis sub-committee is responsible for:

secrecy of deliberations.
- evaluate and classify the offers in accordance with the provisions
of the public procurement code and the evaluation criteria

The decisions resulting from the deliberations are taken by majority

defined in the tender documents;

simple of all members.

- establish an analysis report of the various offers received,
within a time limit indicated when the envelopes are opened by the

The reports and the minutes of the deliberations are

procurement commission, according to a

forwarded to the public procurement commission which, on their

assessment guide drawn up by the French regulatory authority

foundation, issues award proposals according to the

public markets.

terms provided for by the public procurement code.

Article 17: Members of the analysis sub-committee

The analysis report is initialed and signed by all members

are appointed by the person responsible for contracts at the

bres of the analysis subcommittee.

casion of each analysis operation for a market or a
Section 4: Of the control procedure for pass operations

determined delegation.

sation of public contracts and service delegations
public.

The provisions of article 11 of this decree shall apply.
to members of the analysis sub-committee.

Article 20: The public procurement management unit transmits
to the General Directorate of Public Procurement Control for

The analysis sub-committee, in addition to its chairman, is also

notice or authorization in accordance with the provisions of the code

posed of three members, namely:

public procurement, the following documents:
- a member of the public procurement management unit who
- the tender documents before the launch of the call for

did not participate in pre-launch operations

competition and the corresponding publication, as well as

the procedure or the opening session;

on their possible modifications;

- two members reporting to the administrative entity concerned

- the necessary authorization and exemption requests

born, chosen for their technical skills

when they are provided for by the public procurement code;

in the project area.

- the comparative analysis report of the proposals and the
provisional contract award report, validated by

The analysis subcommittee appoints a report from among its members.

the procurement commission;

chosen from among the members representing the administrative entity

- the draft contract or amendment.

concerned which prepares an analysis report and draws up the
minutes of the deliberations of the sub-committee.

Article 21: The general direction of market control
public rules within the time limits provided for by the decree governing

In the case of contracts with external financing, a representative

modalities of its operation.

of the funding body can attend the work of the
analysis sub-committee.

Article 22: In the event of disagreement with the general management of
control of public contracts, the contracting authority or

The analysis sub-committee can call on any person

delegated work can refer for arbitration the committee of

no resource.

dispute settlement of the Market Regulatory Authority
public.

Article 18: The chairman of the procurement commission
markets may, on a proposal from the analysis sub-committee

Section 5: Monitoring the execution of public contracts

lyse, ask bidders for clarification on

and public service delegations

their offers. Clarifications requested and provided in writing
cannot, in any way, have the effect of modifying the

Article 23: The public procurement management unit ensures

elements of the offer in order to make it more competitive.

monitoring the performance of contracts and delegations of services
public vice.

The tenderer has a period of seven clear days
to provide the clarifications requested. Thinning

As such, it is responsible, in particular, for:

bidders are the subject of a synthesis initialed and signed by all members of the sub-committee

- implement, in collaboration with the Regulatory Authority

analysis mission.

of public procurement, standard management tools,
procedure manuals, computer software, website

In case of disagreement, the non-signatory members of the report

intranet to enable it to have real-time

analysis and summary report are required to express

instruments necessary for the performance of this mission;

their opinion in a written note addressed to the person responsible

- also implement all the procedures for

ble of public procurement.

registration of the different phases, whether they are
administrative, technical or financial procedures

Article 19: The modalities of meeting of the sub-committee

procurement and execution of contracts and ensure their archiving

analysis are set by the internal regulations of the

vage by modern and efficient methods.

management of public contracts.
In addition, the teams of the contract management unit
The members of the analysis sub-committee consult at

audiences can:

headquarters of the contracting authority, a copy of all
- carry out periodic and unannounced checks of

pieces on which they have to express their opinion and which are

construction sites and materials in the course of manufacture;

available to them at least seventy-two hours in advance.

From May 2009
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43

Official Journal of the Republic of Congo

- carry out operations to monitor the performance of the contract

43

Considering the decree n ° 2009-159 of May 20, 2009 on the organization
and functioning of the general management of

based on the planning of the operation and the deadlines

public markets ;
Considering the decree n ° 2009-161 of May 20, 2009 organizing

contractual;
- check the quality of services and their compliance with

tion and functioning of the contract management unit
public;

specifications;
- ensure the follow-up of the financial execution of contracts and

Considering the decree n ° 2009-160 of May 20, 2009 fixing the modalities
approval of public contracts.

provide opinions on the relevance of additional work
requested as well as on the application of
delay provided for in contracts;

DECREES:

- participate in the provisional, partial or final acceptance
benefits ;

Chapter 1: General provisions

- check the existence of guarantees whose implementation is
Article 1: This decree sets the award thresholds,
control and approval of public contracts, in accordance with

provided for by the regulations in force.

ment to the provisions of the public procurement code.

TITLE III: MISCELLANEOUS AND FINAL PROVISIONS

Article 2: The thresholds set by this decree are exclusive of tax
and expressed in CFA francs.

Article 24: The public procurement management unit
cie each year a budget allocation whose management is
provided by the person responsible for contracts, under the

Chapter 2: Public procurement thresholds

control of the contracting authority or the delegated contracting authority.
Section 1: Fundamental principles
Article 25: Members of the contract management unit
Article 3: The estimated amount of the need, subject of the contract, includes
trend of the overall market price, excluding taxes.

public bodies receive a hardship allowance, the amount of which
is set each year by an order of the minister responsible for
finances, with regard to State institutions,

Article 4: When he estimates the amount of the contract

ministries, public establishments, companies

if he is about to pass, the client must proceed,
on the basis of the elements available at the time of the
market, to a sincere and reasonable assessment thereof.

public, organizations receiving financial support from
the State, and by a decision of the deliberative body for collocal authorities.

Article 5: The estimated amount of the need, subject of the contract,
Article 26: This decree which repeals all provisions

cannot be obtained by the contracting authority by means of a
splitting of its purchases or use of terms and conditions

previous contrary, will be registered and published in the Official Journal.

calculation of the estimated market value other than those preseen by this decree.

sky and release wherever needed.
Done in Brazzaville, May 20, 2009

Article 6: When, in accordance with the provisions of the code
public contracts, the client divides the contract into

By the President of the Republic,
Denis SASSOU-N'GUESSO

lots can each give rise to a separate contract, it is
taken into account the estimated overall value of all of these
lots.

For the Minister of the Economy, Finance
and the budget on mission,

Article 7: When, in accordance with the provisions of the code
public procurement, a purchase is divided into staggered phases

The Minister of State, Minister of Planning

over several years, or in firm slices and slices
conditional, it is taken into account by the contracting authority

and regional planning,

estimated overall value of the realization of the project as it will be
executed over all fiscal years.

Pierre MOUSSA

Article 8: The contracting authority determines the estimated amount of
need, subject of the contract, depending on the type of contract considered.

The Minister of State, Minister of Planning
and regional planning,

It takes into account:
Pierre MOUSSA
1- with regard to works contracts: the overall value
bale of work relating to a complete operation.
Decree n ° 2009-162 of May 20, 2009 setting the thresholds
procurement, control and approval of contracts

An operation may concern one or more structures or

public.

certain works carried out on the same structure of
different programmed at the same time.
THE PRESIDENT OF THE REPUBLIC,

A structure is the result of a set of building works.
ment or civil engineering intended to fulfill by itself a
economic or technical function.

Considering the Constitution;
Considering the decree n ° 2007-615 of December 30, 2007 appointing

Consequently, the work does not constitute a unit of
calculation of the thresholds for works contracts.

nation of members of the Government;
Considering decree n ° 2008-4 of January 11, 2008 on the organization
acting members of the Government;

Notwithstanding the evolution of its needs, the client
concerned performs in the same period of time and over
a given geographical area all the work that

Considering the decree n ° 2009-156 of May 20, 2009 on the code of
public markets;
Considering the decree n ° 2009-157 of May 20, 2009 relating to attributions,
organization and functioning of the regulatory authority for

cannot be dissociated in consideration of their object,
technical processes used to achieve them or their

public markets ;

funding.

44
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Official Journal of the Republic of Congo

2- with regard to supply contracts and

Special Edition N ° 2-2009

- for works contracts: higher value contracts

service costs: the total value of supplies or services

re or equal to two billion (2,000,000,000) CFA francs;

vices which can be considered as homogeneous.

- for contracts for the supply of goods or services:
contracts of value greater than or equal to five hundred million

Homogeneous supplies or services are goods or

(500,000,000) CFA francs.

services belonging to the same family.
Article 12: Restricted calls for tenders provided for in the code
In the absence of a nomenclature of supplies and services

public contracts, since they are of a higher value

homogeneous defects defined by order of the minister responsible for

greater than or equal to twenty five million (25,000,000) francs

economy, the client determines by his own

CFA, are the subject of an expression of interest publication

means the homogeneity of its needs by referring to the

for the establishment of a shortlist of qualified consultants

characteristics of its activity. For this purpose, the master or

lified.

vrage adopts its own classification of its purchases according to
Section 3: Contracting authority delegation thresholds

a typology which must be consistent with its activity and
take into account their knowledge of the market.

Article 13: Legal persons governed by public or private law
If the client decides to group together several

provided for in the public procurement code as master of

tures belonging to different homogeneous families in

vrage delegate their project management to the General Delegation

within a single market, even presented according to the procedure

the major works for public procurement

of the allotment, it is the total amount of the contract that

whose estimated value is greater than or equal to two hundred and fifty

should be compared to the thresholds and not the family amount

forty million (250,000,000) CFA francs.

by family or batch by batch of the products it groups together.
Chapter 3: A priori control thresholds
public procurement

If the needs of the administration, service or organization
nism concerned give rise to a unique set of

Article 14: The general direction of market control

deliveries of homogeneous supplies or services

public is responsible for the a priori control of the passage procedure

homogeneous, the client takes into account, whatever

sation and award of public contracts and delegation of

the number of suppliers or service providers to whom it makes

public service for an amount greater than or equal to:

call, the value of all such supplies or prestations.

- two hundred million (200,000,000) CFA francs for
works contracts;

In the event that the supplies or services reflect

- one hundred million (100,000,000) CFA francs for the markets

a common and repeated need for administration, service

supply of goods or services;

or the organization concerned, the contracting authority takes

- fifty million (50,000,000) CFA francs for

account for the value of all supplies or equipment

intellectual services markets.

services appear to correspond to the needs of the
period considered.

The general direction of control of public contracts proceeds
a prior review of the tender documents and

3- with regard to intellectual services contracts-

requests for proposals for contracts in the amount of

the: the client proceeds as indicated for the

estimated to be greater than or equal to:

service contracts.
- three hundred million (300,000,000) CFA francs for
works contracts;

Article 9: Public contracts below the indicated thresholds

- two hundred million (200,000,000) CFA francs for

in article 8 above are not subject to the market code

procurement of goods and services;

public. However, as far as they are concerned, it is applied

- one hundred million (100,000,000) CFA francs for the markets

statement of the rules of good practice of public procurement,

intellectual services.

to know :
- competition between at least three suppliers;

Article 15: The regulatory authority for public procurement is

- publication of the award of these contracts by the Authority

in charge of the a posteriori control of the procurement procedure
public contracts and public service delegations, regardless of

regulation of public procurement.

or the amount of contracts and delegations.
Section 2: Call for tenders thresholds
Chapter 4: Approval Thresholds
public procurement

Article 10: Public contracts subject to a call
national offers correspond to the following thresholds:

Article 16: Public contracts are, whatever their amount
so much, subject to the approval of the competent authority.

- for works and supplies contracts: contracts for
value greater than or equal to fifty million

Article 17: The approval of public contracts is exclusively

(50,000,000) CFA francs;

within the competence of the President of the Republic or of the

- for intellectual services markets: markets

Minister in charge of finance, as the case may be, regardless of

of a value greater than or equal to ten million (10,000,000) of

contracting authority concerned.

CFA francs.
Article 18: The signed contract is approved by:
Works, supplies and services contracts below
- the President of the Republic, when its amount is

thresholds set for national calls for tenders are passed through

greater than or equal to two billion (2,000,000,000) of

the simplified formula for comparing at least three invoices.

CFA francs;
- the Minister in charge of finance, when its amount is

Article 11: Public contracts subject to a call for tenders

less than two billion (2,000,000,000) CFA francs.

fres international correspond to the following thresholds:

From May 2009
Page
45

Official Journal of the Republic of Congo

The minister responsible for planning approves public procurement
sés on behalf of the ministry in charge of finance

45

previous contrary, will be recorded, published in the Journal
official and communicated wherever needed.

when the said contracts are for a corresponding amount

Done in Brazzaville, May 20, 2009

at the competence thresholds of the minister in charge of finance.
By the President of the Republic,
Denis SASSOU-N'GUESSO

Chapter 5: Final provisions

Article 19: The thresholds set by this decree may make

For the Minister of the Economy, Finance
and the budget on mission,

subject to periodic review, on a proposal from the president
the regulatory authority for public procurement.

The Minister of State, Minister of Planning
and regional planning,

Article 20: The thresholds set by this decree apply

Pierre MOUSSA

also to the procurement, control and approval procedure
bation of public service delegations.

The Minister of State, Minister of Planning
and regional planning,

Article 21: This decree which repeals all provisions

Pierre MOUSSA

Page 48
46
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Printed in the workshops
of the Printing Office of the Official Journal
BP: 2087 Brazzaville

