CSCCA Memorandum on Draft Public-Law Contracts and Public Contracts to Which the State Is Party, Fiscal Year 2024-2025
Summary: The memorandum by which the court reminds public institutions, for fiscal year 2024-2025, 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 FY2024-2025 memorandum updates CSCCA guidance for public-law contract and public-procurement project files involving the state.
- It cites article 200-4 of the Constitution and article 5 of the 23 November 2005 decree as the basis for CSCCA motivated opinions.
- It excludes contracts already in execution or already executed, except public-law contracts taking effect on 1 October 2024 when the administration submits them by 31 December 2024.
- It requires contract files in digital format on USB key and in paper form.
- It keeps the gourde as reference currency for Treasury-paid contracts while allowing derogations for externally financed contracts with dollar accounts.
- It lists documentary requirements for different contract categories and requires CNMP validation for public-service concessions and CNMP opinions plus procedure documents for defense or national-security procurements.
Full Description
The memorandum by which the court reminds public institutions, for fiscal year 2024-2025, 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 2024-2025, https://cscca.gouv.ht/