The rules laid down by this Public Contracts Code shall be based on the principles of free access to public procurement, equal treatment of bidders, transparent procedures, efficiency and integrity.
The provisions of this Public Contracts Code shall apply to any contract financed or co-financed by:
(a) The State budget;
(b) External, bilateral or multilateral assistance funds;
(c) State-guaranteed loans;
(d) The budget of a public establishment or a local and regional authority.
The provisions of this Code shall also apply to:
(a) Contracts awarded by private law corporate bodies acting on behalf of the State and its entities;
(b) Contracts awarded by private law persons, where such contracts are financed or guaranteed by the State, or a public law corporate body;
(c) Contracts concluded between public law corporate bodies under the conditions laid down by this decree;
(d) Public contracts awarded within the framework of a coordination or group of orders or by a purchasing pool procuring supplies and/or services for project owners, or concluded under framework agreements and works, supplies and service contracts.
Special provisions applicable to contracts awarded by embassies and consular posts shall be governed by a separate instrument issued by the Authority in charge of Public Contracts.
Notwithstanding the provisions above, this decree shall apply to contracts concluded under international or financial agreements signed by the State with technical and financial partners only where its provisions are not contrary to the said agreements.
For contracts financed with external, bilateral or multilateral assistance funds, the provisions of the financing agreements shall, where necessary, specify the rules applicable.
The provisions of this Code shall not apply to:
(a) Procurement through administrative purchase orders whose amounts are less than 5 000 000 (five million) CFA francs;
(b) Contracts whose purpose is to procure or rent buildings or land;
(c) The procurement of downstream petroleum products intended only for use in administrative vehicles whose procurement is subject to the application of the official price in force indicated on the list of petroleum products published periodically by the competent authorities;
(d) Contracts awarded by public enterprises;
(e) Special contracts defined in Article 71 of the Public Contracts Code;
(f) Partnership contracts;
(g) Works executed under full State control.
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