Works Contract
Works contracts shall be contracts intended for construction, reconstruction, demolition, repair and renovation of any building, road or structure, including the preparation of work sites, earthworks, installation of equipment or material, decoration and finishing, as well as ancillary works services, where the value of such services does not exceed that of the works proper.
Supplies Contracts
The purpose of supplies contracts shall be the purchase, leasing and hire purchase of products or equipment including services and accessories, where their value does not exceed that of the goods themselves.
Quantifiable Service Contracts
Service contracts shall be contracts whose services do not necessarily require design. They shall produce a tangible measurable result. Such services shall include guarding, cleaning or maintenance of public buildings or parks, repair or maintenance of office equipment or computer hardware and insurance, excluding health insurance.
Non-Quantifiable Service and Intellectual Services Contracts
Non-quantifiable service contracts shall be contracts whose services are mainly intellectual.
They shall concern, inter alia, health insurance, advertising, organization of training seminars and intellectual services, including project supervision, audits, studies, control, and specific intellectual property-related obligations.
Design and Execution Contracts
A design and execution contract shall be a works contract which enables the Project Owner to assign to a group of economic operators or, for infrastructure contracts only, to a single economic operator, a task involving the conduct of studies and the execution of works.
Framework Agreements
Where the Project Owner cannot determine in advance the volume and the rate of supply orders or routine services required for his needs, he may resort to a framework agreement.
Framework agreements shall be contracts concluded by one or more Project Owners with one or more service providers in order to lay down rules relating to the purchase orders to be issued, or the provisions governing subsequent framework agreements to be concluded over a given period, particularly regarding prices and, where necessary, the quantities envisaged.
Framework agreements may not exceed 3 (three) years.
Where the framework agreement is signed for a period of more than 12 (twelve) months, and where the framework agreement clearly so provides, each of the contracting parties shall have the latitude to request, on the dates fixed by them, the revision of prices by applying the price revision formula contained therein, or terminate the contract where the application of the price revision formula may to lead to a unit price variation of more than 25%.
The use of framework agreements shall apply only to supplies or recurrent services as well as maintenance and renovation works.
Where the framework agreement sets the minimum and maximum value or quantity of supplies or services likely to be ordered over a prescribed period not exceeding the period for the payment of appropriations, given that the quantities of the services or supplies to be executed are specified, such framework shall be executed as the purchase orders are issued.
Orders shall be written documents sent to the framework agreement holder.
They shall specify the service orders described in the framework agreement whose execution is requested and fix the quantity thereof.
Where the orders concern a given category of services or supplies without indicating the quantity or overall value of the orders, the framework agreement shall give rise to subsequent blanket purchase contracts.
Subsequent blanket purchase contracts shall specify the characteristics, terms and conditions of execution of the services requested which did not feature in the framework agreement. They may not lead to substantial changes in the provisions of the framework agreement.
Multi-Year and Tranche Contracts
Where the full funding required for the execution of a project cannot be raised in one financial year and the services may be spread over several years or executed in several phases comprising a firm tranche and one or more conditional tranches, the Project Owner must schedule the expenditure related to each financial year.
The contracts referred to above must feature in a single invitation to tender and indicate the period for which they are concluded.
Multi-year contracts comprising one firm annual tranche and conditional annual tranches shall define the nature, price and conditions for providing the services in each tranche.
The services in each tranche must form a coherent whole which takes into account the services of the previous tranches, where they exist.
Contracts comprising one firm tranche and one or more conditional tranches may contain a termination clause with notice in favour of either party.
The execution of each conditional tranche shall be subject to a service order by the Project Owner or the Delegated Project Owner to the contracting party under the contract conditions.
Reserved Contracts
Some contracts may be reserved for craftsmen, national small- and medium-sized enterprises, and community-based and civil society organizations.
The nature and threshold of the contracts referred to in (1) above, as well as the conditions for their application shall be laid down by a separate instrument of the Authority in charge of contracts.
Special Contracts
Special contracts shall be public contracts which are not fully or partly governed by the provisions relating to contracts through invitation to tender or contracts awarded by mutual agreement. They shall mostly concern contracts relating to national defence, security and the strategic interests of the State.
The contracts referred to above shall contain secret clauses for reasons of State security and strategic interests, and shall therefore not be reviewed by any tender’s board provided for in the Public Contracts Code.
Special contracts shall concern the procurement of equipment, supplies or services directly related to national defence and security, and contracts for which the strategic interests of the State are at stake.
Special contracts shall be awarded after prior authorization by the President of the Republic.
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