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Coalition Provisional Authority Order Number 87 public contracts (amended) Arabic Federal Law August 9 2013
Coalition Provisional Authority Order Number 87 public contracts (amended)
in Federal Free Careers
Law / Document Number (ID): 87
Type of Law: Law
Date Issued: 16 May 2004
Date Published: 16 May 2004
Status: In force
Summary:
1 - attached instructions supply tenders and procurement for state agencies or the social sector, issued by the Legal Department / Organization Planning / cabinet / Republic of Iraq, 2001 instructions tender. 2 - attached instructions and follow up implementation of projects and the work of the national development plan issued by the Legal Department / Ministry of Planning / Republic of Iraq, 1988 Instructions implementation.
According to my powers as Managing Director of the Coalition Provisional Authority, and in accordance with the laws and customs of war, and in line with the UN resolutions relevant, including resolutions 1483 and 1511, 2003, aware that the laws of public contracts must meet international standards of transparency and predictability in Him who will receive and equal treatment as well as the existence of a mechanism resolve conflicts and that these requirements will be free from corruption and unlawful interference, and the consequent process of getting the government on goods and services best Alakiem.
Taking into account the principle of fair competition and full public and is essential to the economy of Iraq, which is the goal of free trade seek him all the nations.
Based on the laws of Iraq and the current Ministerial Instruction in this area and updated to suit the purpose and the best international practices,
I hereby promulgate the following: -
Section 1
The general rules of government contracts
1 - This applies it to all contracts of undertakings relating to goods and services and services reconstruction undertaken by the State of Iraq through its ministries or institutions, other federal and to be invited here collectively, "institutions", and governmental units including the regions and provinces and all subdivisions of the other State of Iraq and to be invited here in total "governmental units" The public funding, equipment is to get the goods, services and construction services contracts with public funding by or for the government through purchase or lease. On the state of Iraq during the ministries and other federal institutions and the regions and provinces and all the other subdivisions of the State of Iraq, said the general agreement and in accordance with the following basic principles: -
- To be a competitive public advocacy procedure and a full and fair and open to the maximum extent possible and that also includes, for example, but not limited to, the announcement of invitations adequately standards and objectivity in the evaluation of bids and public opening of the tenders.
B - to be in accordance with international standards of transparency and allow the possibility of him that will happen and that prediction characterized by justice and equality.
T - that are honest and processing procedures to the minimum ethical standards and lack of conflict of interests.
That the bidder the right to object and appeal with respect to the tender.
W - the mechanism of settlement of disputes concerning tenders and appropriate solutions to such disputes.
Section 2
Plan OGPCP
1 - Establishment and Responsibilities: -
- Established in the Ministry of Planning OGPCP and Director of the Department is directly linked to the Minister of Planning.
B - This department will be responsible for: -
First - coordinate the plan of public contracts government ministries and public entities, government, and includes coordination but not limited to issuing regulations and administrative instructions in Arabic and Kurdish and other languages if needed to promote it, after the publication of announcement suitable for notice of related parties and take their views.
Administrative Court was canceled institution under this matter and the ordinary courts shall consider disputes were handled by the Administrative Court canceled (Law No. 18 of 2013)
Secondly - the development and adoption of special rules independent administrative tribunal be competent, complaints and disputes arising out of or relating to the granting of public contracts by the government.
III - Recommendation modify this matter, laws or regulations and administrative instructions relevant Iraqi.
IV - the development and adoption of standards terms of government public contracts.
V. - Training of members of the general government contracting appropriate to the purpose of the application of this matter and its executive regulations in addition to the Administrative Instructions.
2 - Application: -
A - Each unit or a government institution is defined in Section 1 .1 "government", the formation of the Department contracts and be that district is responsible for the activities of contracting in that unit administrative or governmental institution, and can be for the purposes of the appropriate administrative that the unit or government institution responsible for activities contracted for the second .
B - in addition to the standard terms of contracts adopted by all governmental units or For these and all institutions individually and in agreement with the Department of the government's public contracts plan that included the topics of privacy standards of the contract terms necessary for the government units and institutions.
T - public companies are subject to this matter when you lay hold of for the processing of goods, services or construction services funded directly from government funds.
Section 3
Validity of contract
1 - exercised exclusively by government institutions or committees in the qualifying units of government or institutions formed under this matter validity obligation to fulfill with the government and lay the money and signing contracts and entering the pass important amendments to such contracts.
- Do not be members of the organization or committee appointed politically or Aedaoua in the Office of unity government or institution will receive or benefit from the performance of the contractor under the contract Mursi.
B - does not offer the people they were assigned to those power referred to in this section report directly to the administrator or the office that require or benefit from the implementation of the contractor under the contract.
In all public contracts, there will be terms of standards to guide the responsibility of the contracting organization or the Commission and include the condition and extent of the mandate. It is worth noting the fact that the guidance to the government in charge of hiring and that affect the rights and debts of the parties to the contract of any person other than the specified public employee in charge will will not Tjaz will not have any impact.
Section 4
Full and open competition
Referred to public contracts, according to the maximum ranges of possible bases for competition. Before the competition to the assignment of public contracts, the contracting authority vested with the authority mentioned in Section 3 of this matter, to decide in writing assignment of the contract price to be fair and reasonable based on the facts and circumstances public.
1 - Exceptions: - may be referred public contracts without government restriction procedures for full and open competition in one of the following cases: -
- For technical or artistic reasons or for reasons relating to the protection of exclusive rights, or when the goods or services to be purchased under the contract manufactured or processed by a single entity or entities available from a limited number.
B - to the presence of very urgent because of reasons events do not attributable to the contracting authority, or that the public interest does not allow assignment of the contract on the basis of competitive complete.
T - when the goods are to be purchased: -
First - requires partially replaced or added to the purchased items from the original source, which equipped the existing goods.
Secondly - requires compatibility and Qublatha for the replacement with the goods purchased from the original source, which equipped the existing goods.
W - when other measures are not measures full and open competition for public contracts necessary for the government to boost the economy or institutional development in the important demographic sector or in a geographical area in the State of Iraq, or state-owned enterprises
C - when Iraq is a party to the bilateral agreements or multilateral agreements or treaties require the use of non-action measures full and open competition for government public contracts, which, whether under the terms of the express or implied.
H - that was the expected value of the contract year, less than the specified monetary limit, in this case the used the fundamentalist proceedings relating to the supply of goods and services with the least expensive.
C - issued government public contracts plan instructions for the application include, among other things, determine the conditions fundamentalist proceedings relating to assignment of contracts using procedures other than competitive procedures fully and publicly. And the need to document all suitable measures do not use full and open competition.
2 - Basic Qualifications: - the basic qualifications for the presenter Kalajdaat or guarantees should be applied in a way that does not unreasonably restrict competition. And that the filing requirement for participation in the competitive bidding must be deposited amount reasonably estimated on the basis of the value of the contract and returned him not successful bidder deposited. And the use of guarantees in return of unwanted deposit.
3 - the announcement of the tender: - are issued by the government's public contracts plan to direct the executive Systems, for example, but not limited, to the following: -
- Advertising must include as much as possible tender clarifications about the general processing semen ask. The announcement is published in Arabic and Kurdish, at least, in addition to other languages if needed when bidding predicted by entities or individuals from outside the State of Iraq.
B - must provide the declaration submitted by potential supply adequate information and, for example, but not limited to, the terms and conditions between Labor and delivery schedule, in order to be responsive to the tender reasonable. That includes all the factors that are bidding whereby bidders estimate the price, and the government's failure tender assessment about the appreciation of the factors set forth in the declaration be the basis to make an objection based on this matter.
- The announcement provides bidders enough time to respond.
B - The announcement provides bidders the opportunity to ask for clarification on the tender and extending the duration of reply if necessary.
T - includes advertising deadline for the submission of applications, as well as the possibility of accepting some of the bidding late.
W - Systems implementation progress on exceptional circumstances when it is no longer needed to the announcement.
Section 5
Negotiating contracts
License: - With the competitive bidding favorite in general, but the contracts rolling on them that are consistent with this matter particularly be licensed and used whenever the interests of the governmental unit or agency used subtracting the contract on the basis of lowest price.
2 - Method: -
- Refers to tender for contracts ads rolling on them in particular to the contract is filed on the basis of the basis of the lowest price.
B - The Declaration provides for these factors, rather than price, for the purpose of Power and the relative importance of each of these factors are not an exhaustive list, and all of these factors, except prices and costs, may not be necessary on all purchases: -
First - the advantages of the technical solution and suitability for government requirements,
Secondly - the risks associated with the final stages of the tender offer relating to completing the requirements of the tender.
Thirdly - past performance on modern government and relevant business efforts,
Fourth - the main angel experience
V. - administrative structure.
T - determines the announcement of the relationship between factors based on prices and those that do not depend on them in the process of offering any Does the factors that do not depend on prices is more important, or less important, or equal importance for the prices.
W - the government the right to intervene direct negotiations with bidders after obtaining their written consent to participate in the tender for the purpose of clarifying the tender procedures and answering questions and discuss prices. During the negotiations after the tender may not discuss the information, including prices, or permit, including on the basis of proposals some bidders only after laying bidding on one of the bidders.
C - bidders have the right to hold some adjustments to their bids after the debate and before the final evaluation.
H - all members of the team is committed to evaluate purchases principles set forth in Section 8 of this matter, "the integrity of the procurement and conflict of interest."
Section 6
The standard conditions for public contracts
1 - the government pledges Management Directorate General to issue and publish Systems include the implementation of the standard conditions for public contracts. These conditions may include additional items not be required in particular, but to fit into this matter. These systems have provided that the terms may apply or may not apply depending on the value or type of public contracts.
2 - During the process of preparing Systems implementation under this Order, managed Directorate standards and practices upscale international accepted and followed, كالموجودة in the form of the United Nations on International Trade Law Aonestral, Law models for the purpose of purchasing goods and construction services, and regulations of the EU, and the WTO "Convention on Transparency in government procurement. " It can be used such systems internationally generally accepted business practices.
Section 7
Statements of work, specifications, tender and contract types
1 - You must express statements of work and the properties of the contract accurately the needs of the government and must be written in a way none of which arbitrarily restricts competition.
2 - canceled proprietary designations or labels landmarks made. The sign was made or a teacher of the property within the properties, permission must Report bidders sign-made attractions and informed that they could provide the same or similar product.
3 - the type of contract a direct impact on the risk allocation in public tenders. And generally prefer contracts with specific prices on contracts costs, especially when it is a guess reasonable price from the government while the contract carries a specific forecast last, as long as you place the fixed-price contracts implementation risks the responsibility of the contractor.
- Offers a fixed-price contract for the price is subject to adjustment on the basis of the contractor costs that are exposed when the contract is executed. Puts fixed-price contract on the contractor risk and full responsibility for all costs and benefits and losses resulting from it.
B - The contract included compensation costs for the purpose of paying the suffering of the permitted costs, to the extent provided for in the contract. This contract specifies guess the total cost for the purpose of money or pledged to install the roof is not permissible for a contractor impassable except that it was his responsibility without the consent of the owner of the contract employee.
Section 8
Tenders integrity and conflict of interest
Coalition Provisional Authority Order Number 87 public contracts (amended)
in Federal Free Careers
Law / Document Number (ID): 87
Type of Law: Law
Date Issued: 16 May 2004
Date Published: 16 May 2004
Status: In force
Summary:
1 - attached instructions supply tenders and procurement for state agencies or the social sector, issued by the Legal Department / Organization Planning / cabinet / Republic of Iraq, 2001 instructions tender. 2 - attached instructions and follow up implementation of projects and the work of the national development plan issued by the Legal Department / Ministry of Planning / Republic of Iraq, 1988 Instructions implementation.
According to my powers as Managing Director of the Coalition Provisional Authority, and in accordance with the laws and customs of war, and in line with the UN resolutions relevant, including resolutions 1483 and 1511, 2003, aware that the laws of public contracts must meet international standards of transparency and predictability in Him who will receive and equal treatment as well as the existence of a mechanism resolve conflicts and that these requirements will be free from corruption and unlawful interference, and the consequent process of getting the government on goods and services best Alakiem.
Taking into account the principle of fair competition and full public and is essential to the economy of Iraq, which is the goal of free trade seek him all the nations.
Based on the laws of Iraq and the current Ministerial Instruction in this area and updated to suit the purpose and the best international practices,
I hereby promulgate the following: -
Section 1
The general rules of government contracts
1 - This applies it to all contracts of undertakings relating to goods and services and services reconstruction undertaken by the State of Iraq through its ministries or institutions, other federal and to be invited here collectively, "institutions", and governmental units including the regions and provinces and all subdivisions of the other State of Iraq and to be invited here in total "governmental units" The public funding, equipment is to get the goods, services and construction services contracts with public funding by or for the government through purchase or lease. On the state of Iraq during the ministries and other federal institutions and the regions and provinces and all the other subdivisions of the State of Iraq, said the general agreement and in accordance with the following basic principles: -
- To be a competitive public advocacy procedure and a full and fair and open to the maximum extent possible and that also includes, for example, but not limited to, the announcement of invitations adequately standards and objectivity in the evaluation of bids and public opening of the tenders.
B - to be in accordance with international standards of transparency and allow the possibility of him that will happen and that prediction characterized by justice and equality.
T - that are honest and processing procedures to the minimum ethical standards and lack of conflict of interests.
That the bidder the right to object and appeal with respect to the tender.
W - the mechanism of settlement of disputes concerning tenders and appropriate solutions to such disputes.
Section 2
Plan OGPCP
1 - Establishment and Responsibilities: -
- Established in the Ministry of Planning OGPCP and Director of the Department is directly linked to the Minister of Planning.
B - This department will be responsible for: -
First - coordinate the plan of public contracts government ministries and public entities, government, and includes coordination but not limited to issuing regulations and administrative instructions in Arabic and Kurdish and other languages if needed to promote it, after the publication of announcement suitable for notice of related parties and take their views.
Administrative Court was canceled institution under this matter and the ordinary courts shall consider disputes were handled by the Administrative Court canceled (Law No. 18 of 2013)
Secondly - the development and adoption of special rules independent administrative tribunal be competent, complaints and disputes arising out of or relating to the granting of public contracts by the government.
III - Recommendation modify this matter, laws or regulations and administrative instructions relevant Iraqi.
IV - the development and adoption of standards terms of government public contracts.
V. - Training of members of the general government contracting appropriate to the purpose of the application of this matter and its executive regulations in addition to the Administrative Instructions.
2 - Application: -
A - Each unit or a government institution is defined in Section 1 .1 "government", the formation of the Department contracts and be that district is responsible for the activities of contracting in that unit administrative or governmental institution, and can be for the purposes of the appropriate administrative that the unit or government institution responsible for activities contracted for the second .
B - in addition to the standard terms of contracts adopted by all governmental units or For these and all institutions individually and in agreement with the Department of the government's public contracts plan that included the topics of privacy standards of the contract terms necessary for the government units and institutions.
T - public companies are subject to this matter when you lay hold of for the processing of goods, services or construction services funded directly from government funds.
Section 3
Validity of contract
1 - exercised exclusively by government institutions or committees in the qualifying units of government or institutions formed under this matter validity obligation to fulfill with the government and lay the money and signing contracts and entering the pass important amendments to such contracts.
- Do not be members of the organization or committee appointed politically or Aedaoua in the Office of unity government or institution will receive or benefit from the performance of the contractor under the contract Mursi.
B - does not offer the people they were assigned to those power referred to in this section report directly to the administrator or the office that require or benefit from the implementation of the contractor under the contract.
In all public contracts, there will be terms of standards to guide the responsibility of the contracting organization or the Commission and include the condition and extent of the mandate. It is worth noting the fact that the guidance to the government in charge of hiring and that affect the rights and debts of the parties to the contract of any person other than the specified public employee in charge will will not Tjaz will not have any impact.
Section 4
Full and open competition
Referred to public contracts, according to the maximum ranges of possible bases for competition. Before the competition to the assignment of public contracts, the contracting authority vested with the authority mentioned in Section 3 of this matter, to decide in writing assignment of the contract price to be fair and reasonable based on the facts and circumstances public.
1 - Exceptions: - may be referred public contracts without government restriction procedures for full and open competition in one of the following cases: -
- For technical or artistic reasons or for reasons relating to the protection of exclusive rights, or when the goods or services to be purchased under the contract manufactured or processed by a single entity or entities available from a limited number.
B - to the presence of very urgent because of reasons events do not attributable to the contracting authority, or that the public interest does not allow assignment of the contract on the basis of competitive complete.
T - when the goods are to be purchased: -
First - requires partially replaced or added to the purchased items from the original source, which equipped the existing goods.
Secondly - requires compatibility and Qublatha for the replacement with the goods purchased from the original source, which equipped the existing goods.
W - when other measures are not measures full and open competition for public contracts necessary for the government to boost the economy or institutional development in the important demographic sector or in a geographical area in the State of Iraq, or state-owned enterprises
C - when Iraq is a party to the bilateral agreements or multilateral agreements or treaties require the use of non-action measures full and open competition for government public contracts, which, whether under the terms of the express or implied.
H - that was the expected value of the contract year, less than the specified monetary limit, in this case the used the fundamentalist proceedings relating to the supply of goods and services with the least expensive.
C - issued government public contracts plan instructions for the application include, among other things, determine the conditions fundamentalist proceedings relating to assignment of contracts using procedures other than competitive procedures fully and publicly. And the need to document all suitable measures do not use full and open competition.
2 - Basic Qualifications: - the basic qualifications for the presenter Kalajdaat or guarantees should be applied in a way that does not unreasonably restrict competition. And that the filing requirement for participation in the competitive bidding must be deposited amount reasonably estimated on the basis of the value of the contract and returned him not successful bidder deposited. And the use of guarantees in return of unwanted deposit.
3 - the announcement of the tender: - are issued by the government's public contracts plan to direct the executive Systems, for example, but not limited, to the following: -
- Advertising must include as much as possible tender clarifications about the general processing semen ask. The announcement is published in Arabic and Kurdish, at least, in addition to other languages if needed when bidding predicted by entities or individuals from outside the State of Iraq.
B - must provide the declaration submitted by potential supply adequate information and, for example, but not limited to, the terms and conditions between Labor and delivery schedule, in order to be responsive to the tender reasonable. That includes all the factors that are bidding whereby bidders estimate the price, and the government's failure tender assessment about the appreciation of the factors set forth in the declaration be the basis to make an objection based on this matter.
- The announcement provides bidders enough time to respond.
B - The announcement provides bidders the opportunity to ask for clarification on the tender and extending the duration of reply if necessary.
T - includes advertising deadline for the submission of applications, as well as the possibility of accepting some of the bidding late.
W - Systems implementation progress on exceptional circumstances when it is no longer needed to the announcement.
Section 5
Negotiating contracts
License: - With the competitive bidding favorite in general, but the contracts rolling on them that are consistent with this matter particularly be licensed and used whenever the interests of the governmental unit or agency used subtracting the contract on the basis of lowest price.
2 - Method: -
- Refers to tender for contracts ads rolling on them in particular to the contract is filed on the basis of the basis of the lowest price.
B - The Declaration provides for these factors, rather than price, for the purpose of Power and the relative importance of each of these factors are not an exhaustive list, and all of these factors, except prices and costs, may not be necessary on all purchases: -
First - the advantages of the technical solution and suitability for government requirements,
Secondly - the risks associated with the final stages of the tender offer relating to completing the requirements of the tender.
Thirdly - past performance on modern government and relevant business efforts,
Fourth - the main angel experience
V. - administrative structure.
T - determines the announcement of the relationship between factors based on prices and those that do not depend on them in the process of offering any Does the factors that do not depend on prices is more important, or less important, or equal importance for the prices.
W - the government the right to intervene direct negotiations with bidders after obtaining their written consent to participate in the tender for the purpose of clarifying the tender procedures and answering questions and discuss prices. During the negotiations after the tender may not discuss the information, including prices, or permit, including on the basis of proposals some bidders only after laying bidding on one of the bidders.
C - bidders have the right to hold some adjustments to their bids after the debate and before the final evaluation.
H - all members of the team is committed to evaluate purchases principles set forth in Section 8 of this matter, "the integrity of the procurement and conflict of interest."
Section 6
The standard conditions for public contracts
1 - the government pledges Management Directorate General to issue and publish Systems include the implementation of the standard conditions for public contracts. These conditions may include additional items not be required in particular, but to fit into this matter. These systems have provided that the terms may apply or may not apply depending on the value or type of public contracts.
2 - During the process of preparing Systems implementation under this Order, managed Directorate standards and practices upscale international accepted and followed, كالموجودة in the form of the United Nations on International Trade Law Aonestral, Law models for the purpose of purchasing goods and construction services, and regulations of the EU, and the WTO "Convention on Transparency in government procurement. " It can be used such systems internationally generally accepted business practices.
Section 7
Statements of work, specifications, tender and contract types
1 - You must express statements of work and the properties of the contract accurately the needs of the government and must be written in a way none of which arbitrarily restricts competition.
2 - canceled proprietary designations or labels landmarks made. The sign was made or a teacher of the property within the properties, permission must Report bidders sign-made attractions and informed that they could provide the same or similar product.
3 - the type of contract a direct impact on the risk allocation in public tenders. And generally prefer contracts with specific prices on contracts costs, especially when it is a guess reasonable price from the government while the contract carries a specific forecast last, as long as you place the fixed-price contracts implementation risks the responsibility of the contractor.
- Offers a fixed-price contract for the price is subject to adjustment on the basis of the contractor costs that are exposed when the contract is executed. Puts fixed-price contract on the contractor risk and full responsibility for all costs and benefits and losses resulting from it.
B - The contract included compensation costs for the purpose of paying the suffering of the permitted costs, to the extent provided for in the contract. This contract specifies guess the total cost for the purpose of money or pledged to install the roof is not permissible for a contractor impassable except that it was his responsibility without the consent of the owner of the contract employee.
Section 8
Tenders integrity and conflict of interest
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