Public Procurement In Infrastructure Projects In Dr Congo: Legal Control Of Relevant Ministries

Abstract

In the Democratic Republic of Congo, public procurement is currently governed mainly1 by Law No. 10/10 of 27 April 2010 on public Procurement2. This text of 85 articles in seven (7) headings provides rules and procedures for the preparation, execution, execution, management and control of contracts for public procurement purposes and for the purpose of reflecting transparency, credibility and the profitability of the state action. The above-mentioned law at the same time lays down the rules on public service delegations, the contracts awarded by private legal entities with private law but benefiting from the financing or guarantee of legal persons of public law or acting on their behalf and for his account. In addition, the Congolese constitution of 18 February 2006 as amended by Law No. 11/002 of 20 January 2011 revising certain articles of the Constitution of the Democratic Republic of Congo, in its explanatory memorandum, makes good governance and the fight against the impunity of high-end values. In this respect, the Decree on the Manual of Procedures of the Law on Public Procurement, in its article 8, insists on the freedom of access to public procurement, the equality of candidates, transparency and efficiency of procedures as well as budgeting of public procurement. It should be noted that Article 7 of the Public Procurement Act provides for four types of public procurement: works contracts, supply contracts, service contracts and intellectual services contracts. To comply with this topic, our particular attention is focused on works contracts. In fact, according to Article 8 of the aforementioned law, these "have for their object the realization for the benefit of a contracting authority of all works building or civil engineering or the repair of works of any kind. "It is therefore to this type of public market that the infrastructure projects are basically oriented.