CSCCA Opinion on the draft memorandum of understanding between the Ministry of Planning and External Cooperation and the Ministry of Public Works, Transport and Communications (May 2020)
- CSCCA received the MPCE transmission on 29 April 2020 for a draft memorandum of understanding between MPCE and MTPTC.
- The draft protocol concerned rehabilitation of solar street-lighting systems installed in some Port-au-Prince neighborhoods and other neighboring communes.
- CSCCA said article 1 should be revised because the object is to delegate project ownership for the rehabilitation of solar street-lighting systems.
- The Court suggested adding MTPTC commitments on administrative, financial and technical conditions, tender files, technical follow-up, quality control and keeping supporting documents for audits.
- CSCCA said article 7 should specify that MTPTC must initiate the relevant national procurement procedures, and article 8 did not specify the protocol duration.
- The Court returned the memorandum to MPCE because the protocol was not signed or initialed by both parties and key supporting documents were missing.
The reasoned opinion the court issued, under article 5 of the decree of 23 November 2005, on the draft memorandum of understanding between the Ministry of Planning and External Cooperation and the Ministry of Public Works, Transport and Communications. The transmitting letter was received on 29 avril 2020. The opinion sets out the documents received, the points of law and form the court raises, and its conclusion. The court's opinions on named contracts are seldom published, and these date from the period when the Ministry of Planning was awarding contracts under emergency procedures.
How to cite
Superior Court of Accounts and Administrative Disputes (CSCCA), CSCCA Opinion on the draft memorandum of understanding between the Ministry of Planning and External Cooperation and the Ministry of Public Works, Transport and Communications (May 2020), https://cscca.gouv.ht/