(2012-06) Decree Setting Public Procurement Thresholds and CNMP Intervention Thresholds
Summary — Signed 25 May 2012 by President Michel Joseph Martelly, Prime Minister Laurent Salvador Lamothe and Minister of Economy and Finance Marie-Carmelle Jean-Marie, and republished in Le Moniteur No. 104 (29 June 2012, a corrections reprint of the original in No. 93), this decree sets the monetary thresholds above which different categories of public entities in Haiti must competitively bid public contracts, revising thresholds upward to reflect post-earthquake reconstruction needs.
Key Findings
- Sets national procurement thresholds at 40M/25M/20M gourdes (works/supplies/services) for central administration and public enterprises.
- Sets lower thresholds for the seven largest communes (15M/8M/4M) and arrondissement seats (10M/4M/4M).
- Sets the lowest thresholds for smaller communes and communal sections (8M/2.5M/2.5M).
- Simplified procurement procedures apply below thresholds down to 8M gourdes (1.5M for smaller localities); simple invoice purchases below that.
- CNMP is designated to oversee compliance with all threshold categories under Articles 2-5.
Full Description
Adopted under the 10 June 2009 law on public procurement and public-service concession agreements, the decree revises the thresholds set by an earlier 5 September 2009 decree in light of urgent post-earthquake (12 January 2010) reconstruction needs. It sets differentiated thresholds by category of contracting authority and contract type (works, supplies, services/intellectual services): central administration institutions and departmental collectivities at 40 million gourdes for works, 25 million for supplies and 20 million for services; state and mixed public enterprises with majority public capital at the same levels; the seven largest communes (Port-au-Prince, Delmas, Pétion-Ville, Carrefour, Tabarre, Cité Soleil, Croix-des-Bouquets) at 15 million/8 million/4 million; arrondissement seats at 10 million/4 million/4 million; and other communes and communal sections at 8 million/2.5 million/2.5 million. Below these thresholds down to 8 million gourdes (1.5 million for the smaller local categories), contracting authorities may use simplified consultation-of-suppliers or price-solicitation procedures provided they respect equal treatment, competition, transparency, ethics and public-accounting rules; below those lower bounds, purchases may be made on simple invoice. The Commission Nationale des Marchés Publics (CNMP) intervenes to ensure compliance with all these thresholds across the categories defined in Articles 2 through 5.