Le Moniteur, 167th year No. 104, 29 June 2012: arrêté of 25 May 2012 setting the public procurement thresholds and the CNMP intervention thresholds (reproduction for material errors)

This issue of Haiti's official gazette, Le Moniteur, 167th year No. 104 of Friday 29 June 2012, is an extraordinary number whose sole content is the reproduction, for material errors, of the arrêté of 25 May 2012 setting the public procurement thresholds and the intervention thresholds of the Commission Nationale des Marchés Publics (CNMP). The arrêté had first appeared in No. 93 of 14 June 2012. It was taken in the Council of Ministers under article 30 of the law of 10 June 2009 on public procurement, on the CNMP's recommendation and after the reasoned opinion of the Cour Supérieure des Comptes, and its recital ties the revision to the urgent needs that followed the earthquake of 12 January 2010.

Articles 2 and 3 set the thresholds for the institutions of the central administration, the departmental collectivities, and public and majority-public mixed enterprises at HTG 40 million for works, HTG 25 million for supplies and HTG 20 million for services and intellectual services. Article 4 and its sub-articles grade the communes: HTG 15 million, 8 million and 4 million for the seven communes of the metropolitan area (Port-au-Prince, Delmas, Pétion-Ville, Carrefour, Tabarre, Cité Soleil and Croix-des-Bouquets); HTG 10 million, 4 million and 4 million for arrondissement seats; and HTG 8 million, 2.5 million and 2.5 million for other communes and communal sections. Associations of public bodies take the thresholds of their highest-threshold member.

Articles 6 and 7 create the intermediate band: between HTG 8 million (or HTG 1.5 million for the communes) and the thresholds, a contracting authority may use supplier consultation or price solicitation provided it respects equal treatment, competition, transparency, ethics and efficiency; below those floors purchases are made on simple invoice under public accounting rules. The CNMP ensures the thresholds are respected. The text is signed by President Michel Joseph Martelly, Prime Minister Laurent Salvador Lamothe and Finance Minister Marie-Carmelle Jean-Marie, dated 25 May 2012. These thresholds governed Haitian procurement until they were replaced by the orders of 2025 and February 2026.