(2020-04) Circular on Mobilizing Public Procurement Commission Expertise Amid COVID-19
Summary — In an April 2020 circular, Prime Minister Joseph Jouthe instructed all public procurement officers (PRM) to mobilize the ministerial and specialized public procurement commissions (CMMP/CSMP) established under the 2009 procurement law. The instruction responds to the state of sanitary emergency declared by the Executive for COVID-19, which requires contracting authorities to use expedited procurement procedures for urgent pandemic-related purchases.
Key Findings
- Prime Minister Joseph Jouthe issued the circular on 9 April 2020, addressed to all Personnes Responsables des Marchés (PRM).
- The government had declared a state of sanitary emergency by arrêté to respond to COVID-19, invoking Article 3 of the 10 June 2009 public procurement law to allow expedited procedures.
- Ministries and public entities are instructed to activate existing Ministerial or Specialized Public Procurement Commissions (CMMP/CSMP) formed under Articles 6 and 7 of the emergency arrêté.
- Entities lacking such a commission are told to establish one under Article 5, paragraph 7 of the 2009 procurement law, with support available from the National Public Procurement Commission (CNMP).
Full Description
The circular, signed by Prime Minister Joseph Jouthe on 9 April 2020, is addressed to all Personnes Responsables des Marchés (PRM) across Haiti's contracting authorities. It notes that the government's arrêté declaring a state of sanitary emergency over COVID-19 allows public contracts to be concluded under expedited procedures pursuant to Article 3 of the 10 June 2009 law on public procurement and public service concession agreements.
To ensure economical, efficient and transparent acquisition of goods and services during the emergency, the Prime Minister calls on PRMs to activate the Ministerial Commissions on Public Procurement (CMMP) or Specialized Commissions on Public Procurement (CSMP) already formed within public institutions under Articles 6 and 7 of the arrêté, drawing on qualified technical staff. Where no such commission exists, institutions are instructed to set one up per Article 5, paragraph 7 of the 2009 law, with support available from the National Public Procurement Commission (CNMP).