CSCCA Memorandum on Draft Public-Law Contracts and Public Contracts to Which the State Is Party, Fiscal Year 2023-2024
Summary: The memorandum by which the court reminds public institutions, for fiscal year 2023-2024, 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 memorandum sets CSCCA requirements for public-law contracts and public-procurement projects involving the state for FY2023-2024.
- It relies on article 200-4 of the Constitution and article 5 of the 23 November 2005 CSCCA decree on motivated opinions for contracts, agreements and conventions with financial, commercial or industrial character.
- It says CSCCA will not issue motivated opinions on contracts already in execution or already executed, except FY2023-2024 public-law contracts taking effect on 1 October 2023 and submitted by 31 December 2023.
- Contract files must be transmitted in digital format on USB key and on paper.
- Treasury-paid contracts must use gourdes as the reference currency, with exceptions for external financing where the relevant account is in US dollars.
- The memorandum lists required documents and clauses by contract type, including works, services, intellectual services, supplies, leases, concessions and defense or national-security procurements.
Full Description
The memorandum by which the court reminds public institutions, for fiscal year 2023-2024, 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 2023-2024, https://cscca.gouv.ht/