The Dispute Decision Committee (CRD) has dominated within the Dispute Committee on the non-judicial enchantment introduced by Compagnie Daou et Frères SARL towards the outcomes of the restricted tender for the renovation and growth of the Zanga room Coulibaly de Koutiala, rejecting the applicant for probably the most unimaginable causes, That’s, there’s a lack of voluntary enchantment.

On October 26, 2023, the Dispute Decision Committee of the Authorities Procurement and Public Companies Delegation carried out a overview in accordance with the legislation and handed the overview based mostly on the info, the regularity of the criticism and the best way wherein it was submitted. The assembly was chaired by Alassane Ba.

truth

On August 14, 2023, the Kutiara Regional Province launched a restricted nationwide tender No. 002/MATD-RK involving the renovation and growth of the Kutiara Efficiency Corridor, tendered by Compagnie Daou and brothers SARL. By letter n°54/GR-KLA-CAB of 11 October 2023, the Governor of the Kutiara Area communicated to Compagnie Daou et Frères SARL the names of the provisional beneficiaries and the quantity of the grant, informing that its supply was not accepted After evaluating the quote. Causes: The unit value listing was not offered; the technical resolution offered didn’t meet the necessities; the proposed materials provide was not compliant; the present market was not offered; and the proposed personnel didn’t meet the rules.

By letter dated 17 October 2023, which was obtained by the Secretariat of the Committee for the Decision of Disputes (CRD) on 19 October 2023, Compagnie Daou et Frères SARL contacted the CRD to dispute the rejection of its supply.

Admissibility of enchantment

That is in accordance with Article 120.1 of Decree No. 2015-0604/P-RM of September 25, 2015 on the Code of Public Procurement and Public Service Delegations (as amended), “Any candidate or tenderer who considers himself The suitable to a free enchantment to the contracting or authorizing authority towards procedures and choices which have precipitated or are more likely to trigger harm within the proceedings for the award of a contract or the award of a public service”.

Article 120.3 supplies that an enchantment might relate to the choice to award or to not award a contract or authorization, the circumstances for publication of the announcement, the principles regarding the participation of candidates and the competencies and ensures required, the strategy of award and the choice process adopted, whether or not the tender paperwork Adjust to rules, adopted technical specs, and analysis requirements. Likewise, any bidder in a public procurement continuing should undergo the contracting authority a free enchantment public service, discover of tender, or Communication of tender paperwork.

The enchantment has the impact of suspending the award course of till a remaining choice is made by the contracting authority or the Public Procurement and Public Companies Authorization Regulator.

The contracting authority should reply to this criticism inside three (3) working days from the date of submission, failure to reply past this era will represent an implicit rejection of the voluntary enchantment.

Article 121.1 of Decree No. 2015-0604/P-RM supplies that an enchantment from a call on an ex gratia enchantment could also be made to the Dispute Decision Board inside two (2) working days from the date of notification of the opposed choice. If the contracting authority doesn’t reply, the three (3) day interval expires.

Nonetheless, it seems from the paperwork filed on file that, upon receipt of notification of the rejection of the supply, Compagnie Daou et Frères SARL didn’t lodge any bona fide enchantment to the contracting authority on 11 October 2023 however as a substitute instantly withheld the breach of contract In accordance with the provisions of Articles 120.1 to 120.3 of the Public Procurement Act, the Chairman of the Dispute Decision Committee raises objections to the outcomes of the analysis of the supply.

The CRD due to this fact declares the enchantment filed by Compagnie Daou et Frères SARL for failure to train its proper of free recourse inadmissible and orders the continuation of the award process for the contract in query.

Elhaj AB Haidara

At the moment – Mali