Dispute Settlement Committee Opinion on Matériaux de Construction Tebo S.A. v. BRH
Summary: The opinion of the CNMP's Dispute Settlement Committee in the dispute between Entreprises Matériaux de Construction Tebo S.A. and the Banque de la République d'Haïti, following the hearing of the parties on 17 November 2020 and the deliberation of the committee's five members. The committee's decisions are seldom published, which makes this one useful to anyone asking how administrative review of a procurement award is actually decided in Haiti.
Key Findings
- The notice announces that a decision exists without stating what it is. The Dispute Settlement Committee heard the parties on 17 November 2020, deliberated and rendered its decision, and this document informs the public of that fact; the reasoning and outcome are not in it.
- The publication route is set by regulation rather than by the committee's choice: the decision was communicated to the CNMP for notification to the parties under article 237-2 of the order implementing the law of 10 June 2009, and the CNMP is responsible for publishing the decision on its website.
- The committee sat as five members, which the notice states, so quorum and composition are on the record even where the ruling is not.
- The dispute is between a private supplier, Entreprises Matériaux de Construction Tebo S.A., and the central bank as contracting authority, which is what makes it useful: it shows the BRH's procurement being subjected to the general public-procurement dispute mechanism.
- The notice is dated 1 December 2020, two weeks after the hearing. Anyone tracing the outcome needs the CNMP's published decision, not this notice.
Full Description
The opinion of the CNMP's Dispute Settlement Committee in the dispute between Entreprises Matériaux de Construction Tebo S.A. and the Banque de la République d'Haïti, following the hearing of the parties on 17 November 2020 and the deliberation of the committee's five members. The committee's decisions are seldom published, which makes this one useful to anyone asking how administrative review of a procurement award is actually decided in Haiti.
How to cite
National Public Procurement Commission (CNMP), 2020, Dispute Settlement Committee Opinion on Matériaux de Construction Tebo S.A. v. BRH, https://cnmp.gouv.ht/documents