CSCCA Memorandum on Draft Public-Law Contracts and Public Contracts to Which the State Is Party, Fiscal Year 2016-2017
Summary: The memorandum by which the court reminds public institutions, for fiscal year 2016-2017, of the procedure and the documents required to submit a draft public-law contract or public contract to it before signature, under article 5 paragraphs 3 and 12 of the decree of 23 November 2005. It sets the thresholds, the deadlines and the grounds on which the court declines to examine a file, so it is the text that describes in practice how state contracts are vetted in advance.
Key Findings
- The FY2016-2017 memorandum summarizes CSCCA recommendations for contract files transmitted by CNMP or contracting administrations.
- It states that CSCCA gives opinions on financial or commercial contracts involving the state, but does not intervene on contracts already executed or in execution.
- Contracts must be written in one of Haiti's official languages, and foreign-language constituent documents must be translated by a sworn translator.
- Documents from foreign states must be registered at the Haitian consulate in the issuing country and legalized by the competent MAEC service in Haiti.
- Treasury-paid contracts must use gourdes, with a gourde-equivalence clause for foreign-currency payments and possible exceptions for externally financed dollar accounts.
- The memorandum lists file requirements for firms, professional services, addenda, leases, works, services, intellectual services and supplies, and caps advances and cumulative addenda.
Full Description
The memorandum by which the court reminds public institutions, for fiscal year 2016-2017, of the procedure and the documents required to submit a draft public-law contract or public contract to it before signature, under article 5 paragraphs 3 and 12 of the decree of 23 November 2005. It sets the thresholds, the deadlines and the grounds on which the court declines to examine a file, so it is the text that describes in practice how state contracts are vetted in advance.
How to cite
Superior Court of Accounts and Administrative Disputes (CSCCA), CSCCA Memorandum on Draft Public-Law Contracts and Public Contracts to Which the State Is Party, Fiscal Year 2016-2017, https://cscca.gouv.ht/