Beruflich Dokumente
Kultur Dokumente
Law / Document Number (ID) : 1 Type of Law: Regulations Date Issued: 1 May 2008 Date Published: 19 May 2008 Status: In force Summary : According to the provisions of paragraph 1 of Section 14 of the Order of the Coalition Provisional Authority (dissolved) No. 87 of 2008 We issue the following regulations. According to the provisions of paragraph 1 of Section 14 of the Order of the Coalition Provisional Authority (dissolved) No. 87 of 2008 We issue the following regulations: No. 1 of 2008 Regulations for Implementing Government Contracts Article 1 These regulations are to clarify the general principles for implementing government contracts that state bodies and the public sector conclude in the areas of public tenders, supply of goods and services, and consultant contracts with Iraqi and non-Iraqi parties. These regulations shall set the implementation methods of tenders, determine the duly authorized bodies for opening tenders and bids, determine methods of appeal in its decisions before the administrative court and provide that contracting procedures shall be characterized by transparency, predictability and fairness in competition. Article 2 First- The provisions of these regulations shall cover all contracts concluded by state bodies (state entities and public sector) as represented by ministries, entities not related to a ministry, regions and governorates with Iraqi and non-Iraqi parties in order to implement public projects contracts, consultation contracts or for the supply of products and services. Second- These regulations shall apply for state projects and contracts financed by international or regional organizations according to agreements or special protocols concluded with Iraqi parties for this purpose. It shall be permissible to use what is stated in these regulations as guidance for what is not stipulated in the text of applicable contract agreements, or protocols, and in a manner not inconsistent with the rules and regulations approved by these organizations. Article 3 The text of No. 3 of paragraph (D) of item First of Article 3 of the Regulations Implementing Government Contracts No. 1 of 2008 was repealed. According to the first amendment of the Regulations Implementing Government Contracts No. 2 of 2010: First- The contracting parties in ministries and entities not associated with a ministry and regions and governorates not organized into a region shall meet the following requirements before preparing tender and bid documents: A- A previous approval from the Ministry of Planning and Development Cooperation regarding a technical and economic feasibility study regarding the projects by the authorized parties accompanied with an application for project (application for follow-up of implementing investment projects), when discussing the project in order to enlist it within the plan in accordance with the
The period of implementation Third- Delay fines may be reduced according to the percentage of completion of contracted works as determined in the timetable of the contract. The work, supplied good or required service shall be implemented according to the qualifications stipulated in the contract terms. Fourth- The contracted party, based upon a reasoned decision, shall impose the delay fines upon the contractor or withdraw the work from him. Fifth- The administrative cost rate is limited and not to exceed 20% of the actual implementation cost of the concerned obligation. This rate is adopted when the contracted party takes over by itself