Decree Revising Procurement Procedures for Defense- and National-Security-Related Public Contracts
- Article 2 defines eleven categories of defense/security-related public contracts eligible for special procurement rules.
- Advances on such contracts are capped at 30% of the initial contract value.
- Payment of balances/installments is due within 60 days, extendable for certain contract categories.
- CSCCA must give an opinion on every draft defense/security contract before execution.
- Standard bid documents from the 10 May 2011 arrêté may be reused and adapted.
This arrêté revises the 30 August 2017 rules on procurement for defense or national-security markets, adopted on the Prime Minister's report following CNMP recommendations. Article 2 enumerates eleven categories of contracts considered defense- or security-related, including supply of weapons or munitions, security equipment involving classified information, works tied to the life cycle of such equipment, and works on state buildings with a 'national sovereignty character'. Articles 6-7 define the actors (the procurement officer, CNMP, MEF and/or MPCE confirming credit availability, and CSCCA giving prior opinion) and the three procedures available: restricted tender (limited to at least three bidders), negotiated/sole-source procedure (for cases of patent rights, urgency, or classified projects), and competitive dialogue. Articles 9-13 set payment terms — advances capped at 30% of contract value, payment deadlines of up to 60 days, and rules on global versus allotted contracts — while Article 14 allows reuse of standard contract documents from the 10 May 2011 Council of Ministers arrêté.
How to cite
Presidency of the Republic of Haiti (PRH), 2019, Decree Revising Procurement Procedures for Defense- and National-Security-Related Public Contracts, https://mef.gouv.ht/storage/app/uploads/public/622/0ee/613/6220ee613b912828162880.pdf