Thursday , March 4 2021

Al-Moussawi and Qubaisi were in favor of proposing a temporary accelerator to conclude public administration contracts for the management powers of the bidding in central control.



In the legislative proposal, representatives of Nawaf al-Moussaw and Hani Qubais presented a proposal that the public actions of public administrations, public institutions, municipalities, joint municipal boards and other bodies, committees and public bodies should be directed to the management of public funds for the management of the central authorities' tenders. Public funds are paid and this proposal shows two loyal accusations of opposition, development and liberty: the most urgent reasons are:

The economic downturn can not be approached in any form without the structural reforms of public administration systems, particularly in the management of public transactions, despite serious attempts and serious over ten years, but all of them have failed because of some weakening due to narrow powers or legislation. Due to the actual intention of the reform, investing and outsourcing will have to condemn the fate of all the money that corrupt and corrupt contracts are wasting, screaming for corruption and wasting everything aloud, and we are still looking or going into detail to expand the status quo.

"It is necessary to control public transactions that have come to be synonymous with waste and corruption, sometimes with consensus agreements that do not have a legal or realistic basis for the end of the State Treasury, people returning to poor quality and poor quality goods and services and most often breaking environmental and health conditions. violates the basic rules, laws and procedures designed to move the world's top rating to the lower level of corruption in the sense of corruption, and not exceed the number of transactions to be held in the bidding offices to carry out 5% of Lebanon's total public business annually, for example EDL will handle 2016 when crossing three billion pounds sterling from the central bidding department without internal or external control and the submission of the board. This is a phenomenon that it provides a broad opportunity for waste management and corruption and is clearly in violation of the United Nations Anti-Corruption Convention which Lebanon joined in 2008, which requires the adoption of uniform standards for public transactions and the application of rules on transparency, competition and equality. Another example is what is happening in the Development and Reconstruction Council, which in 2015 managed outside the central bank's bidding DG for a maximum of 700 billion pounds without supervision. The Council is not under the control of the Court of Auditors and has not allowed the Audit Office to exercise further control. These samples, which do not include consensus agreements or any transfer or smuggling transactions in the ministries and departments, do not have other public bodies and corporations, including the municipality of Beirut, and that over 92% of public expenditure in Lebanon in public transactions is not subject to any effective control. In the event of the addition of contracts by local authorities and their associations, public authorities and other disputes relating to the fragmentation and consensus of other public institutions, the role of the bidding office is to have a marginal role incompatible with the rules and rules laid down by the legislator, which is Lebanon's public transaction management authority. Notes that Council of Ministers No 9, dated 17 May 2017, intended to oversee unanimous agreements, has been applied only to the Ministry of Youth and Sport and some ministries have continued to carry out their direct actions and even offer and auction tenders outside their tenders.
The introduction of a system of urgent need to reform the state of Lebanon's infrastructure and the introduction of a single public transaction can not be postponed, folded or undressed, as has been done in terms of reform that will change the current situation. Therefore, the proposed accelerated law was spelled out in a single article aimed at putting things in perspective until the government and Parliament could draft a modern law on public action. "

And follows: "Legislative proposal as follows:

Single material:
1. The managing authorities of the tenders shall be responsible for transactions of over 100 million Lire carried out by public bodies and institutions, municipalities, joint municipal boards, other bodies and committees, and public funds managed by public bodies. Provision of services, money management or public service, sale or hire of public property, including those financed by donations or loans.
Transactions carried out by the aforementioned parties, which do not exceed 100 million lire, are required to deposit the bid, the same 20 business days from the date of notification or to notify the parties. Prepare, if necessary, in the House of Representatives and give them good references to the Service Agreement, Central Control and Audit Office.
The ministry of national defense, internal security, democracy and state security, which is of a confidential nature, is left to the bidding authority. Such disclosure would be detrimental to home, citizen or public security.
2 – A good mention maintenance agreement requires the Tendering Department to propose amendments to specific written conditions, and in this reference, in the case of litigation, the matter will be left to the Council of Ministers to make its decision after assessing the opinion of the head of the Procurement Unit and hearing before deciding to abandon its statement. special report to the House of Representatives.
3. The Tendering Competition will follow consensus agreements, review their causes, conditions, books, reports and prizes.
The Tender DG will examine the dossier and give it a reasoned decision within fifteen working days of its receipt. In the event that a good authority fails to reach agreement on the reasons for a bid for managing a bid, the document must be submitted to the Council of Ministers, the Council of Ministers' decision is binding, in this case, the Special Chamber shall submit a special report to the Speaker of the House of Representatives.
If an agreement on urgent and urgent circumstances has been agreed for reasons beyond the control of the contracting authority, the time limit shall be reduced to two business days from the date on which the document was received by the contracting authority.
4 – Technical services worth more than 100 million Lebanese pounds will be awarded by means of a tender which is preceded by a public pre-inspection, which will result in tenders being managed. If there are divergent views, the good mandate of the agreement must provide the entire document to the Council of Ministers in resolving the issue, the Council of Ministers' decision is binding and enforceable. The Special Bureau of the Offering shall submit a special report to the Representative Council.
5. The members of the committees, members, rapporteurs and staff shall be reimbursed for each transaction, the value of which shall be determined by the decision of the managing director of tenders in accordance with the following:
maximum LL
Chairman of the Committee 60 percent of the minimum wage
Committee member 50% of the minimum wage
The committee's decision is 50% of the minimum wage
A member of the committee is 45 percent of the minimum wage
The Tenderer has the right to raise the aforementioned prizes by reasoned decisions, provided that they do not exceed the abovementioned maximum three times.
6. The activities of Categories I and II and the number of observers and first observers shall be determined in the management of tenders in accordance with the following:
Position Class number
First title of tenders 1
Another administrative officer
First observer (second) observer (third) First observer or observer in special departments required by administration 20
First observer or technical observer in the technical specialization department required by the department 20
Comprehensive
As for the other tasks of the administrative staff of the bidding, it is determined by a decision of the Council of Ministers on a proposal from the Prime Minister and after a study by the Research and Guidance Section based on a proposal made by the Bidding Department for this purpose.
7. All texts and provisions contrary to this Act shall be repealed and shall enter into force as soon as they are published in the Official Journal. "

They added: "The reasons for this law proposal are as follows:
In Lebanon, public transactions continue to recover public finances, most of which are used without mechanisms that guarantee transparency, competition and equality, and have become a chance for development and prosperity and for better and cheaper public service needs. This is because of the following reasons:
Public sector transactions such as CDR, EDL and Beirut municipalities require, but are not limited to, different procedures, conditions and criteria. The event and other circumstances vary from one transaction to another according to random criteria in some cases or by an advisory body the mood, which is the mandate files at other times. If the current text of Decree No 28666 obliges public bodies and local authorities to accept the criteria set out in their charter, which have been accepted by the central authorities in the call for tenders, this text is still a dead letter because the entities in question are not actually in control. The Court of Auditors has a pre-audit of the pretext of Regulation 4517/73 on the Public Order of Public Authorities and the Audit Office's ability to undertake later monitoring, which often occurs if it is delayed after the event.

2 – Text of the Law on the Establishment of the Development and Reconstruction Council, where the Council of Ministers has shown that the projects are being carried out by the Supreme Council for tenders, defines the terms and conditions, commits the work of the committees and receives tenders and evaluates, publishes the results, implements and monitors implementation. these tasks through consultants and consultants, the collection of these tasks without supervision leads to global standards and makes the likelihood of errors and irregularities very high and the lack of control opens up opportunities for waste and corruption.
3. Contracts between the parties have been transformed into an exception limited to individual cases based on the urgency, necessity and availability of the sole supplier, through which ministers and sometimes Council of Ministers circumvent the rules governing public transactions with tenders, as a rule damaging public finances and the national economy. It requires competitiveness and equal opportunities, as well as the availability of low-cost goods, businesses and services in the most cost-effective agreements without enforcement, creating quotas and monopolies for the State Treasury to be depleted and punished for the economy.
4. Calls for tenders limited to certain undertakings are exceptions to legislation and the unlawful distribution of transactions between a particular contractor group which distributes these transactions and benefits from public funds, in particular if the estimated price is missing.
5 – The commitment of public administrations and institutions, municipalities and their alliances to the opinion of the Lebanese competent authority regarding public actions is axiom in different countries.
6. The distribution of the books' special terms of the measure, by ignoring the powers of the Tender Section, renders virtual tenders as tendering contracts. Public funding flows and does not lead to state profits, except for the principles of open competition and equal opportunities.
7. The conclusion of technical service trading agreements today (and even over 30 years) is absolutely unacceptable in most of the world's countries, which are open competition between the axioms of contracts and, in particular, technical service contracts.
8. The maximum number of tenders in ministries (100 million LBPs) is now very low and needs to be raised in such a way that tender management can focus on core business transactions and allow public administrations and institutions to manage larger transactions than maximum amounts. Due to the legislation of countries such as Lebanon, it is necessary to increase this ceiling to 750 million.
9. The Sadeer Conference promises to finance the Lebanese government for grants, soft loans and numerous investment opportunities that can not be managed through a failure, and are unable to reach the simplest targets or to comply with the simplest controls on a daily basis.
10 – The accumulation of the general government deficit and the inability of the economy to carry out the imposition of new taxes require a rationalization of expenditure and this can not be done without the usual transactions and the use of a deterrent control mechanism and that the competent task of carrying out the tasks must be done together with other regulators.

To summarize, "We will present this joint accelerated bill by one article aimed at addressing immediately the situation that is an intolerable situation that leads us every day towards increased indebtedness, a deteriorating economy and a lack of public service."

Source: National Media Agency


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