Vers un assortiment salutaire ?

Towards a salutary assortment?

Dematerialization of procedures inherent in public procurement,

In terms of the exchange of information by electronic means, one would be supposed to be a period or schedule of 10 days whose regulations are deaf-mute. The convenience is the responsibility of the contracting authority by observing the nature and complexity of the service in question. The tenderers can read and download the tender file as well as all the documents and additional information supposed to be made available to candidates under article 47 of the law in action.
The quality designated by the typology of professional qualification of candidates who must be registered by electronic means in order to participate in the call for tenders, is limited to a minimum of a single offer in accordance with article 40 and 161 of the aforementioned decree.
As for the threshold, or even the amount, becomes an immarian confidence not to communicate, on the contrary, the procedure becomes obsolete, struck by irregularities. This is reflected, also in a semi-confidential, by the administrative estimate as the candidates may present a discount at the time of submission of the offers or the client will proceed whether the risk of imprusty presents itself or following the minimal financial unavailability, to a negotiation according to the terms of article 54 of the law and 71 and 72 of the presidential decree above
The content of the advertising notice in the call for competition? It would be containing, still pending the decree in question to be published, the following information: object of the electronic tender, the NIF of the contracting authority, the deadline for deposit of the folds, date and time limits of the start and the end of submission of the offers and those of validity of the long -term offers until the allocation and its duration of extension, reference to the article in accordance with the list of justifying documents that each tenderer must present electronically. The required conditions of tenderers are set out in the specifications and the referenced opinion referenced. The quality illustrated by an approval or only a valid trade register of candidates who can participate, the formula of the choice of tenderer selected according to the administrative estimate of the client.
Also what is the content of the tender file? The client is preparing in favor of any candidates for each call for competition a file containing the offers: the application file, a technical offer and financial offer whose models of letters and declarations put in annex as stipulated in articles 66 and 67 of the aforementioned presidential decree and on the decree of December 19, 2015. Other details are the curiosity of each interested party!
To the question: is it possible to give information immediately on the electronic tender to tenderers? The question contains its relevance.
Each tenderer can request, electronically and via the Public Procurement Portal, to the address of the contracting authority, clarification or information which concerns an ambiguity or technical subjugation noted to the proper execution or form of the market in question according to a period mentioned in the specifications corresponding, before the date provided for the deposit of offers to which the client must respond with optimal speed If he judges the need to extend an electronic period, through the public procurement portal, ventilated before all the bidders and accessible to their curiosity and in collaboration focused on this professional mission.
Therefore, the candidates are all treated at the same equal footing and competition keeps its full loyalist character. The resonance of the efficiency of the procedure and the proper use of public funds are welcomed in harmony with bidders and in addition, before all control and internal or external audit.
We arrive before the external control bodies: the commission of public procurement of the contracting authority is created in accordance with the terms of the law according to the predefined thresholds and statutory capacities of the institutional administrative hierarchy, the provisions contained in articles 13,16, 21.23, 24, 41, 87, 171 to 175 and 184 of the presidential decree make references to the multiple commissions and/or the authorized thresholds or Provision subject to the call for competition or consultation in extension to possible endorsements, from the low level of the administration to its summit including the markets examined and granted in favor of the holding of the councils of the government or of ministers following or not of the intergovernmental agreements or those of cooperation and the partnership. Although other institutions mentioned in articles 100 and 109 of the current law are excluded from this legalism. They take care of both the preparation, passage, execution, control and audit of their own nomenclature harsh the futuristic forecast programs.
In the same success, the Commission may be appointed by the competent authority as by its president. It is composed respectively of civil servants-members relating to the contracting service and by their specific administration, qualified and chosen for their proven competence in accordance with article n ° 96 of the law indicated above whose confidentiality is strictly in order, in the absence of punitive and coercive measures which are provided for in the Orne of articles 65 to 71 of the law in force or out of date N ° 06-01 of February 20, 2006, modified and supplemented, relating to prevention and the fight against corruption. Without however omitting judicial investigations following complaints from the applicants or a revelation in the public square.
In terms of attendance, the presence of the full member is compulsory or substituted by his deputy then the first manager of the client became a member and the quality of the other members intervene in tune with the initial constitution of the said commission. Conversely, the member who is in his third consecutive absence, the contracting authority by means of the report in writing by the president of the commission, requests his express replacement becomes imminent.
In addition to this, the contracting authority can create a technical committee composed of experts or an adhoc commission in response to the complaints of its external control body or calls on any expert person following the needs requested by their internal or external control body without decision -making, it is only to submit to an analysis report on the quality or functional requirements of the product subject to the call to competition set on a market formerly tender file. For example, the choice of an anatomy table, is the responsibility of the competence in its scalable functional and optional requirements, in the fund and on the form, of teachers specialized in the matter.
Still electronically, tenderers, assist as reported above and follow via the portal the results by the instant dissemination of information relating to it from the opening phase of the folds to the ultimate stage of provisional allocation and the possibility of appeals provided that the procedure is not altered by a vice of form of connections. Recall that the appeal is examined before a control body to a degree higher than the said commission, under article 56 of the recent valid law. Therefore, judged between founded and unfounded, during its examination, the decision taken by the Commission may be ratified according to the decision of the body examining said appeal. The control bodies sit by observing the quorum, failing that the session is postponed except for the commission of opening the folds which opens the folds whatever the number of members present whose first official or the president does his best that at least one member is present. In addition to a PV is established, the complement of the file by missing documents is tolerated except the documents subject to the evaluation and technical analysis such as the technical thesis, the balance sheets and those relating to eligibility. If no offer is submitted or other congestion, the items
N ° 40 and 161 of the presidential decree will be applied. The tenderers open the right via the portal to know the results in detail and the assignee whose indicators noted in topo in the advertising closet in question is drawn from the fund of article 65 of the aforementioned presidential decree.
Like an alarm bell drawn, any form of communication exchanged between the client and the tenderers outside the portal is qualified as a conflict of interest or clumsy collusion. In short, the specifications are proof when processing offers in its many phases of participation, documents presented and technical-financial assessment, the choice of the attribute and the advertising form relating to this process. If the functioning of the portal has a failure, the client suspends the procedure during his dysfunction and later postpones the date of recovery.
The attribute is invited by an electronic notification, co -signs said joint document on a report of observation and declares its commitment by a service order issued by the client. Otherwise, the evaluation continues and another tenderer will be chosen, although the withdrawal or his professional non-qualification is revealed before or after the attribution to the image of a false declaration or inability to justify by a document to be completed once manifested in the declaration of candidacy filled by him, is sanctioned in blacklist and prohibited to submit to public procurement.
In conclusion, the formatting of an electronic procedure, of course, is not a sinecure. However, it has many advantages for the two parties concerned unless you start with the swing of the advertising closet and the competition call for competition, the deposit phase and opening of offers, in an instant manner and the publication of any act involved during a submission. Just start!
(Continuation and end)
Hama Nadir
DESS in regulation
public procurement.