Today, Saturday, Minister of Finance, Aziz Fayed, presented before the Finance and Budget Committee of the National People’s Assembly, the draft law defining the general rules related to public procurement, which aims to enhance transparency in this activity, especially by accelerating digitization and encouraging the involvement of emerging enterprises.
In a session held in the presence of the Minister of Relations with Parliament, Basma Azwar, chaired by Lakhdar Salmi, Chairman of the Committee, Mr. Fayed stressed that the draft law comes within the framework of the “comprehensive scheme for reforming public finances enshrined in Organic Law 15-18 related to financial laws, and aimed at promoting good governance and transparency In managing public funds and presenting accounts, in line with the draft law on public accounting and financial management rules and the draft monetary and banking law.
The minister explained that the aim of the text is to better frame public deals, taking into account the profound changes in the country’s economic situation by strengthening production and the national production tool, “especially start-ups bearing the mark and small or very small enterprises.”
In the same regard, the government representative pointed out that the proposed draft law comes “to address the various deficiencies that were identified during the implementation of the provisions of Presidential Decree No. 15-247 of September 16, 2015, which includes the regulation of public transactions and public utility mandates.”
In this context, the new text enshrines the system for concluding public transactions in an electronic capacity, as it includes the replacement of physical procedures, according to the minister, who explained that the advantages of electronic dealing in the field of public procurement would “enhance transparency in a sensitive sector, eliminate nepotism, nepotism and bribery, and speed up the pace of procedures and audits.” operations and save time, effort and money.
The minister referred to the electronic portal for public transactions, which was launched by the Ministry of Finance in December 2021, which includes a space for all contracting interests and economic dealers in the field of public transactions and aims to “allow the publication and exchange of documents and information related to public transactions and the conclusion of public transactions in an electronic way.”
Creation of a national council for public procurement
In order to better combat corruption, and in addition to punitive penalties or coercive measures, the draft law stipulates “the preparation of a code of ethics and professional ethics, directed to public officials and employees involved in concluding, implementing and monitoring public deals.”
According to the minister’s clarifications regarding the procedural aspect of public procurement, the draft law stipulates that the call for competition is in accordance with the procedures for requesting proposals or the negotiating procedure, where “the request for proposals procedure represents the general rule, while the negotiating procedure represents the exception, which can be in the form of a direct negotiation procedure or a negotiation procedure.” Negotiate after consultation.
This procedure comes to replace the current designations “simple consent” and “consensus after consultation,” says Mr. Fayed.
Among the new measures stipulated in the draft law is the establishment of the National Council for Public Procurements, which is considered an independent administrative arbitration body, as it expresses its opinion in disputes arising from the implementation of public deals with foreign dealers through a multi-disciplinary committee.
The council, which is placed with the Minister of Finance, is also responsible for conducting “an in-depth analysis of the practices that cause the emergence of conflicts, providing advice and assistance, studying and examining any issue presented to it in the field of public procurement by the Minister in charge of Finance.”
The Council also proposes – Mr. Fayed adds – and in contact with the competent authorities, and expresses its opinion on “any draft text of a legislative or regulatory nature regarding public procurements and other public contracts” as it decides, within the framework of monitoring the correctness of the procedures for concluding and awarding procurements of national importance, in any project A book of conditions, a public deal, an appendix, or appeals when necessary.
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