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THE PRIME MINISTER, HEAD OF GOVERNMENT,
Assistant IA
Aucune conversation pour l'instant.
Decree No. 2008/0115/PM of 24 january 2008 specifying on the clauses of application of Law n° 2006/012 of 29th of december 2006 fixing the general Partnership Contracts System
Est implémenté par
:
Law No 2006/012 of 29 december 2006 stating general regulations of Partnership Contracts
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the Constitution;
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the law n° 2006/012 of 29th of december 2006 fixing the general system of partnership Contract;
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the Decree n° 92/ 089 of 4th may 1992 specifying the attributions of the prime Minister modified and completed by decree n° 95/145 bis of 4th of august 1995;
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the Decree n° 2004/320 of 8th of december 2004 bearing on the organisation of the Government, modified and completed by decree n° 2007/268 of 7th of september 2007;
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decree n° 2008/035 of 23rd of January 2008 bearing on the organisation and functioning of the Council of Support for the realization of Partnership Contract,
DECREES :
Chapitre I
GENERAL PROVISIONS
Article 1
The present decree specifies the clauses of application of law n° 2006 / 012 of 29th of December 2006 above mentioned.
Article 2
The prime Minister ensures the highest authority on the partnership contract and withholds on this basis the power of adjudication, (2 ) Notwithstanding the provisions of paragraph 1, The Prime Minister could delegate this power to the person in charge of public contractor having initiated the project.
(3) The signing of the partnership contract depends on the administration, initiator of the project.
Chapitre II
CLAUSES OF THE EVALUATION OF PROJECTS
Article 3
(1) The partnership contract can only be concluded if the project evaluation carried out in view of its eligibility in the system of partnership contract shows, without prejudice other potential criteria, its complex nature and the emergency of realization.
(2)the complex nature of a project is seen as the incapable objective of the public contractor to define, on its own, the appropriate means of satisfying its needs or to evaluate what the market can tender in terms of technical solutions and/or financial or judicial solutions.
(3)emergency is a reason of general interest resulting from the socioeconomic necessity to catch up a delay affecting particularly the realisation of collective equipment or to accelerate growth, in a sector or a defined geographical area.