The execution of public contracts shall be monitored by the Project Owner or the Delegated Project Owner through the Contract Manager, the Contract Engineer, and the Project Manager, where necessary.
Project Owner
To this end, the Project Owner shall;
(a) Designate the Contract Manager and the Contract Engineer, and provide them with the appropriate means for a proper discharge of their duties;
(b) Sign administrative orders to commence service delivery;
(c) Sign administrative orders having an incidence on costs, time limits and objectives under the conditions specified in the general administrative clauses;
(d) Designate a representative to chair the Service Acceptance Committee;
(e) Order payment on account;
(f) Terminate contracts after formal notice, where necessary;
(g) Ensure the drafting of the contract execution completion report.
Contract Manager
The Contract Manager shall be a public law natural person accredited by the Project Owner or the Delegated Project Owner for general administrative, financial and technical assistance during the definition, preparation, delivery and acceptance of the services which are the subject of the contract.
He shall be responsible for the overall management of service delivery. He shall approve all the technical and financial provisions and represent the Project Owner or the Delegated Project Owner in the relevant dispute settlement bodies.
In that capacity, he shall particularly be responsible for:
(a) Ensuring the proper fulfilment of legal, administrative, social and contractual obligations;
(b) Drafting contract execution progress and completion reports;
(c) Calculating payments on account and monitoring their settlement. To that end, he shall receive the related supporting documents from the payment bodies;
(d) Convening the acceptance committee or the technical approval committee;
(e) Monitoring the Project Manager, where necessary, and approving his periodic reports;
(f) Forwarding contract execution reports and documents to the Project Owner, the Ministry of Public Contracts and to the public contracts regulatory body;
(g) Arbitrating conflicts between the Contracting Party and the Engineer or, where applicable, between the Contracting Party and the Project Manager;
(h) Chairing periodic contract management meetings.
He shall report to the Project Owner or the Delegated Project Owner.
Regional and divisional delegates of government services shall perform the duties of Contract Manager of contracts for which they are Delegated Project Owners.
However, regional and divisional delegates of government services may delegate one of their staff to perform the duties, in view of their workload, and to enable the effective monitoring of contract execution.
Contract Engineer
The Contract Engineer shall be a public law natural person or corporate body accredited by the Project Owner or the Delegated Project Owner for the technical and financial monitoring and supervision of contract execution.
As such, he shall:
(a) Approve the construction documents and the various changes proposed by the Contracting Party, or by the Project Manager, where necessary;
(b) Ensure that the project is functional and in compliance with the objectives set by the Project Owner or the Delegated Project Owner;
(c) Ensure contract quality control, in the case of public contractorship;
(d) Check and countersign daily statements with the Contracting Party;
(e) Initial payments on account for services provided;
(f) Supervise pre-acceptance operations;
(g) Coordinate various project stakeholders, if need be;
(h) Ensure the provision of various guarantees during the execution phase and throughout the project cycle.
He shall report to the Contract Manager.
Project Manager
The Project Manager shall be a public or private law natural or corporate body appointed by the Project Owner or the Delegated Project Owner to defend the latter’s interests during the definition, preparation, execution and acceptance of the services which are the subject of the contract.
He shall be responsible for the management and permanent control of service delivery.
In that capacity, he shall:
(a) Assist the Project Owner in the award of works or service contracts, where necessary;
(b) Ensure compliance with works or supplies contract clauses by the contract holder;
(c) Ensure quality control of services provided and pre-accepts or not parts of the works executed;
(d) Check the quantities to be included in the daily statement and approve payments on account;
(e) Chair meetings in the absence of the Contract Manager and the Contract Engineer;
(f) Draft or ensure the drafting of periodic control reports;
(g) Forward a copy of the final report on his services to the Project Owner, the Ministry in charge of public contracts and the public contracts regulatory body.
He shall perform his duties under the supervision of the Contract Engineer.
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