(2019-01) Decree Revising Procurement Procedures for Defense- and National-Security-Related Public Contracts
Summary — Signed by President Jovenel Moïse (Palais National, 9 January 2019) and published as Spécial N°3 of Le Moniteur, this arrêté revises the 30 August 2017 rules for procuring works, supplies and services classified as defense- or national-security-related, defining what qualifies as such and prescribing restricted, negotiated and competitive-dialogue procurement procedures for them.
Key Findings
- Article 2 defines eleven categories of defense/security-related public contracts eligible for special procurement rules.
- Advances on such contracts are capped at 30% of the initial contract value.
- Payment of balances/installments is due within 60 days, extendable for certain contract categories.
- CSCCA must give an opinion on every draft defense/security contract before execution.
- Standard bid documents from the 10 May 2011 arrêté may be reused and adapted.
Full Description
This arrêté revises the 30 August 2017 rules on procurement for defense or national-security markets, adopted on the Prime Minister's report following CNMP recommendations. Article 2 enumerates eleven categories of contracts considered defense- or security-related, including supply of weapons or munitions, security equipment involving classified information, works tied to the life cycle of such equipment, and works on state buildings with a 'national sovereignty character'. Articles 6-7 define the actors (the procurement officer, CNMP, MEF and/or MPCE confirming credit availability, and CSCCA giving prior opinion) and the three procedures available: restricted tender (limited to at least three bidders), negotiated/sole-source procedure (for cases of patent rights, urgency, or classified projects), and competitive dialogue. Articles 9-13 set payment terms — advances capped at 30% of contract value, payment deadlines of up to 60 days, and rules on global versus allotted contracts — while Article 14 allows reuse of standard contract documents from the 10 May 2011 Council of Ministers arrêté.