THE REGULATORY BOARD

The Regulatory Board is the supreme body that brings together all members of the Regulatory Authority for Public Procurement.
The Regulatory Board is a tripartite body composed of nine members representing, equally, the administration, the private sector and civil society. It is composed of the following:

  • A representative of the Ministry of Finance;
  • A representative of the Ministry of Public Works;
  • A representative of the Court of Auditors;
  • Three members of professional organizations representing economic operators in construction and public works, trade and services according to the terms defined in Article 15 of Decree No. 2009-157 of May 20, 2009 on the assignation, organization and functioning of the Public Procurement Regulatory Authority; and
  • Three members representing organizations or associations working in the field of good governance, ethics and the anti-corruption.

Members of the Regulatory Board are selected from personalities or institutions with an established moral and professional reputation in the legal, technical, economic, and financial fields. They are appointed by Presidential decree, upon the proposal of ministries, socio-professional bodies and civil society organizations to which they belong. They benefit from special state protection in return for performing their duties.

Members of the Regulatory Board are appointed for a three-year mandate, renewable only once. The mandate ends, either at the normal expiration of the term, or because of death or resignation or the loss of quality that motivated appointment. It can also end by dismissal due to misconduct or actions that are incompatible with their duties upon he proposal of the Regulatory Board or their administration or organization of origin.

The Regulatory Board is chaired by a person elected by the members from among the representatives of the administration for the duration of its mandate.

THE AUDIT AND INVESTIGATING COMMITTEE

The Audit and Investigation Committee is responsible for conducting audits and investigations relating to public procurement and public service delegations. It is composed of three members representing each of the three categories that constitute the Council of Regulation. It meets under the authority of the Chairman of the Regulatory Board, which plans and organizes its work with the assistance of the Director General.

The Audit and Investigation Committee directs, no later than March 1st following the end of the fiscal year, an independent audit firm of professional reputation that the Regulatory Authority of Public Works has previously recruited in accordance with regulations, to conduct a financial and technical audit of public procurement or public service delegations. These contracts and delegations represent a random sample of contracts and delegations selected by the Chairman of the Regulatory Authority for Public Procurement in the presence of council members during a special session organized for this purpose.

The Audit and Investigation Committee may conduct an investigation. This investigation is carried out without prejudice to existing controls and cannot justify an encroachment on the management functions or performance of the administration, department or agency concerned.

THE DISPUTE RESOLUTION COMMITTEE

The Dispute Resolution Committee is responsible for:

  • Receiving complaints of irregularities discovered by interested parties or those known to anyone else before, during and after the award or the execution of public contracts and public service delegations. If these acts involve violations of regulations relating to the award of public procurement contracts, the Chairman of the Regulatory Board takes them to the Litigation Commission or to disciplinary training, as appropriate. If these acts also involve violations of regulations relating to the execution of public procurement contracts, the Chairman of the Regulatory Board refers them to the Disciplinary Training Committee. If they constitute a criminal offense, the Regulatory Authority for Public Procurement refers them to the competent courts.
  • Receiving, recording and reviewing appeals made by candidates and bidders for public procurement and public service delegations concerning the procedure for the award of public contracts and public service delegations, as well as their execution.

The Dispute Resolution Committee of the Regulatory Authority for Public Procurement seats, depending on the facts before it, either in the form of a Litigation Commission, or in Disciplinary Board

The Dispute Resolution Committee is composed of, in a tripartite and equal manner, six members of the Regulatory Board that are not members of the Audit and Investigations Committee. The Dispute Resolution Committee is chaired by the Chairman of the Regulatory Board or, in his absence, any person appointed for that purpose by the Board from among its members.

THE LITIGATION COMMISSION

The Litigation Commission adjudicates disputes between government bodies involved in the procurement process for awarding or executing public contracts and public service delegations, including those brought to it by the Dispute Resolution Committee. The mission of the Litigation Board is to:

  • Attempt to conciliate the concerned parties and rule on any irregularities and violations of national regulations that they discover;
  • Order any protective, remedial or suspensory measures concerning the execution of the procurement process or the final award of a contract pending the decision of the Commission.
  • Offer opinions in the proceedings for out-of-court dispute settlements relating to the execution of public contracts and public service delegations.

The decisions of the Litigation Commission are enforceable and binding on all parties.

DISCIPLINARY TRANING

The Dispute Resolution Committee acting as a Disciplinary Board has as its mission to impose sanctions in the form of temporary suspension and monetary penalties, against bidders, applicants or holders of public contracts or public service delegations in breach of the regulations on procurement and execution of public contracts and public service delegations.

The Litigation Commission ruling on appeal may also impose such penalties.

THE DIRECTORATE GENERAL

The Directorate General is managed by a Director General who is under the authority of the Chairman of the Regulatory Board, who is recruited through solicitations by the Regulatory Board, on the basis of moral integrity, qualifications, and professional experience in the legal, technical or economic areas of public procurement and the delegation of public service.

The Director General is appointed by Presidential decree upon the proposal of the Chairman of the Regulatory Board of Control for a term of three years renewable only once. In case of vacancy in the office of the Director General for cause of death, resignation or permanent incapacity and pending the appointment of a new Director General by the competent authority, the Regulatory Board shall take all necessary measures to ensure the proper functioning of the Regulatory Authority for Public Procurement by designating an acting director selected from among the technical directors.

The Director General is responsible for the implementation of the general policy of the Regulatory Authority for Public Procurement under the authority of the Chairman and the supervision of the Regulatory Board. S/he could be delegated by the Chairman to sign all acts and administrative decisions. S/he takes necessary measures to prepare and organize the work of the Board.

SERVICES OF THE DIRECTORATE GENERAL

The Directorate General’s provides services related to the secretaryship and administrative and financial services.

THE SECRETARIAT

The secretariat is run and managed by a secretary who has the rank of department head.
The secretariat is specifically charged with:

  • Recording, processing and delivering confidential mail;
  • Assisting the Director General in his capacity as Recording Secretary of the Regulatory Authority for Public Procurement;
  • Collaborate with the administrative and financial services, in the preparation of documents, draft decisions, statements and reports that the Director General shall submit for approval to the Regulatory Board for Public Procurement; and
  • Generally fulfilling any other tasks that may be assigned.

ADMINISTRATIVE AND FINANCIAL SERVICES

A Department Head manages administrative and financial services. Administrative and financial services are responsible for:

  • Recording, processing, and shipping regular mail;
  • Managing the property and financial resources of the Regulatory Authority for Public Procurement;
  • Preparing and filing financial statements;
  • Managing the assets of the Regulatory Authority for Public Procurement;
  • Managing the staff of the Regulatory Authority for Public Procurement;
  • Maintaining procurement, contracts, and agreements; and
  • Generally fulfilling any other tasks that may be assigned.

TECHNICAL DEPARTMENTS

The Directorate General of the Regulatory Authority for Public Procurement, in addition to the services mentioned above is in charge of:

  • Managing Regulatory and Legal Affairs;
  • Management training and technical support;
  • Management of statistics and documentation;

Each technical department is under the authority of a director who is responsible to the Director General. Directors are recruited through a solicitation process by the Directorate General and appointed upon the proposal of the latter, by the Chairman of the Regulatory Board.

Each technical department has an executive office in charge of:

  • Receiving and registering mail, which it submits for approval to the Director;
  • Managing office supplies and equipment;
  • Typing or collecting all administrative documents; and
  • Generally, all other duties as assigned by the Technical Director.