Consult all legal texts governing public procurement in Congo.
Law no. 9-2022 of March 11, 2022 on preventing and combating corruption and related offences: this law strengthens national mechanisms for preventing and combating corruption, while improving international cooperation. It establishes a comprehensive legal framework including precise definitions (public officials, money laundering, illicit enrichment), preventive measures (declaration of assets, H.A.L.C., codes of conduct), and penal sanctions graduated according to the amounts involved (5 to 10 years' imprisonment for amounts under 10 million FCFA, up to life imprisonment for amounts over 100 million). The law also includes special provisions for the protection of witnesses and whistle-blowers, international cooperation (extradition, mutual legal assistance), and the recovery of illicit assets.
Law no. 31-2012 of October 11, 2012 determining the offenses and penalties applicable to the award and execution of public contracts: this law penalizes violations of the public procurement code. It punishes breaches when awarding public contracts with imprisonment (2 to 5 years) and fines, including the use of influence to favor candidates, over-invoicing, under-invoicing, and fraudulent maneuvers. Penalties are increased for agents vested with public authority or in charge of public service missions. The law also establishes specific procedures for prosecution before the Public Prosecutor's Office, and stipulates that the principal penalties are cumulative and incompressible.
Decree no. 2024-2072 on the dematerialization of public procurement: this decree sets out the terms and conditions for the dematerialization of public procurement and public service delegation procedures. It establishes an electronic public governance system (e-GP) managed by ARMP, covering the entire procurement cycle from programming to archiving, with mandatory electronic signature, bid encryption and automatic time-stamping. The system is being rolled out in two phases: first between public players, then with the inclusion of candidates, while allowing temporary cohabitation with physical procedures.
This decree from the Republic of Congo modifies specific provisions of the 2022 decree that reorganized the general delegation for major works. It redefines what qualifies as "major works" by specifying that contracts or public procurement operations for public service delegation by the State or other public or private legal entities are subject to the public procurement code relating to public infrastructure works. The decree clarifies that these provisions apply to public infrastructure works related to national territorial development and equipment, excluding supplies, services, and intellectual services, unless they relate to works contracts exceeding the delegation threshold set by the relevant decree. To fulfill its procurement mission, the general delegation for major works coordinates with public procurement and regulations created within its framework, in accordance with the public procurement code.
This decree from the Republic of Congo modifies Articles 9, 13, 14, 17 and 18 of the 2011 decree that set thresholds for procurement, control and approval of public contracts. It establishes that public contracts below the indicated thresholds are not subject to public procurement code procedures, but must comply with good practice rules including competitive bidding from at least three bidders and a priori control by the general directorate of public procurement control. The decree sets new thresholds for delegating project management to major works authorities, particularly for public infrastructure projects valued above two billion CFA francs. It also specifies the thresholds for a priori control and approval of contracts according to their amount and type (works, supplies, intellectual services). The text finally defines the approval competencies of the President of the Republic, the Prime Minister and the Minister in charge of finance according to the amounts of the contracts concerned.
This decree from the Republic of Congo modifies Article 7 of the 2009 decree that established the procedures for approving public contracts. It establishes a new hierarchy for public contract approval based on their amount and nature. The President of the Republic now approves public contracts according to thresholds set by the decree relating to procurement, control and approval thresholds for public contracts. The Prime Minister approves contracts concluded on behalf of the Prime Minister's Office when their amount corresponds to the Prime Minister's competence thresholds. The minister in charge of planning approves contracts concluded on behalf of the ministry in charge of finance when their amount corresponds to the competence thresholds of the minister in charge of finance.
This decree from the Republic of Congo modifies and supplements specific provisions of the 2009 public procurement code. It introduces new definitions and guiding principles for public procurement, particularly the coordination of contracts and major public infrastructure works. The text clarifies the different types of public contracts (works, supplies, services, intellectual services) and establishes new rules for delegating project management to major works authorities. It strengthens bidders' obligations regarding sustainable development, compliance with collective agreements, and environmental clauses. The decree also updates contract notification procedures and prescription periods, while more clearly defining the relationships between project owners and delegated project owners in the context of public infrastructure projects.
This decree from the Republic of Congo reorganizes and clarifies the functioning of the public procurement management unit. It defines the new responsibilities of this unit, particularly conducting public procurement procedures and contract execution as well as public service delegation. The text establishes the composition and duties of the public procurement commission, led by a qualified responsible person, as well as those of the bid analysis sub-commission. It also details the organization of the permanent secretariat responsible for preparing tender documents and executing administrative tasks. The decree specifies operational procedures, functional incompatibilities, and bid evaluation procedures within the framework of Congolese public procurement regulations.
This decree from the Republic of Congo reorganizes the general delegation for major works created in 2002. It defines "major works" as contracts or public procurement operations by the State or other legal entities whose amount exceeds the project management delegation threshold set by public procurement regulations. The delegation ensures public project management for major works projects and coordinates with relevant ministries on implementation programs, procurement procedures, and public service delegations. It is headed by a general delegate appointed by the Council of Ministers and comprises several coordinations (technical, public procurement, delegation monitoring, administration and finance) as well as a technical committee. The decree specifies the internal organization with different services (direction secretariat, internal audit, information technology) and specialized departments according to intervention domains.
This decree from the Republic of Congo modifies the financial thresholds and control procedures for public contracts. It establishes new amounts for different types of contracts: 1 billion CFA francs for works, 500 million for supplies, and 250 million for intellectual services. The text also defines the required approval levels according to amounts, involving either the President of the Republic (above 2 billion) or the Minister of Finance (below 2 billion). Contracts below 10 million CFA francs are exempt from ministerial approval. This decree aims to improve transparency and control of public procurement in Congo-Brazzaville.
Decree no. 2009-162 on applicable thresholds: this decree sets the thresholds for awarding, controlling and approving public contracts in CFA francs excluding taxes. It was amended in 2011 and 2023 to adjust the thresholds and include the Prime Minister in the approval process.
Decree no. 2009-161 establishing the CGMP: this decree organizes the Public Procurement Management Unit (CGMP) and was amended in 2022. It allows for the delegation of responsibility for public procurement and introduces calls for applications for the recruitment of members of the procurement commission.
Decree no. 2009-160 on the approval of contracts: this decree defines the procedures for the approval of public contracts by different authorities, according to established thresholds. It was amended in 2023 to include the Prime Minister as the competent authority for contract approval.
Decree no. 2009-159 organizing the DGCMP: this decree sets out the powers, organization and operation of the Directorate General for Public Procurement Control (DGCMP). It aims to separate the roles of procurement and control to avoid conflicts of interest, but has not been updated despite recent reforms.
Decree no. 2009-158 organizing the DGGT: this decree amends and supplements previous decrees on the Delegation Générale des Grands Travaux (DGGT). It limits the DGGT's remit to delegated project management of public procurement contracts within defined thresholds, abandoning its original role of awarding contracts.
Decree no. 2009-157 organizing the ARMP: this decree defines the powers, organization and operation of the public procurement regulatory authority (ARMP). It is responsible for monitoring, regulating and settling disputes relating to public procurement. No changes have been made since its adoption.
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