{"id":128546,"date":"2026-02-06T13:08:30","date_gmt":"2026-02-06T13:08:30","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=128546"},"modified":"2026-02-06T13:08:30","modified_gmt":"2026-02-06T13:08:30","slug":"democratic-republic-of-congo-public-procurement","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/democratic-republic-of-congo-public-procurement\/","title":{"rendered":"Democratic Republic of Congo: Public Procurement"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-128546","comparative_guide","type-comparative_guide","status-publish","hentry","guides-public-procurement","jurisdictions-democratic-republic-of-congo"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DALDEWOLF<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/03\/DALDEWOLF-logo-2022-negatif-1.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DALDEWOLF<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/03\/DALDEWOLF-logo-2022-negatif-1.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Public Procurement laws and regulations applicable in Democratic Republic of Congo<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please summarise briefly any relationship between the public procurement \/ government contracting laws in your jurisdiction and those of any supra-national body (such as WTO GPA, EU, UNCITRAL).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Democratic Republic of the Congo (DRC), public procurement is governed by Law No. 10\/010 of April 27, 2010, on public procurement, along with various implementing regulations. These include:<\/p>\n<ul>\n<li>Decree No. 10\/21 (June 2, 2010): Establishing and regulating the Public Procurement Regulatory Authority (ARMP).<\/li>\n<li>Decree No. 10\/22 (June 2, 2010): Procurement Procedures Manual.<\/li>\n<li>Decree No. 10\/27 (June 28, 2010): Establishing the Directorate General for Public Procurement Control.<\/li>\n<li>Decree No. 10\/32 (December 28, 2010): Establishing the Public Procurement and Project Management Unit (CGPMP).<\/li>\n<li>Decree No. 10\/34 (December 28, 2010): Setting thresholds for procurement, control, and approval of public contracts.<\/li>\n<li>Decree No. 10\/33 (December 28, 2010): Regulating approval procedures for public contracts and public service concessions.<\/li>\n<li>Provincial edicts governing public procurement in all 26 provinces.<\/li>\n<li>Governor\u2019s decrees regulating the organization of provincial public procurement structures.<\/li>\n<\/ul>\n<p>Article 1 of the law establishes rules governing the awarding, execution, oversight, and dispute resolution of contracts for public works, goods, services, and intellectual services procured by the State, provinces, decentralized territorial entities, public enterprises, and public institutions.<\/p>\n<p>International funding institutions such as the World Bank, African Development Bank (AfDB), the European Union, UNCITRAL, and COMESA impose conditions requiring that procurements financed wholly or partially by their resources comply with their procurement procedures. In response, Article 3 of the DRC\u2019s procurement law states that contracts governed by an international treaty or financing agreement must adhere to national law, provided they do not conflict with the provisions of the agreement or treaty.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of public procurement \/ government contracts are regulated in your jurisdiction and what procurement regimes apply to these types of procurements? In addition to any central government procurement regime please address the following: regulated utilities procurement regime (e.g. water, gas, electricity, coal, oil, postal services, telecoms, ports, airports), military procurements, non-central government (local, state or prefectures) and any other relevant regime. Please provide the titles of the statutes\/regulations that regulate such procurements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 7 of the Public Procurement Law categorizes contracts as follows:<\/p>\n<ul>\n<li>Public works contracts<\/li>\n<li>Supply contracts<\/li>\n<li>\u00a0Service contracts<\/li>\n<li>Intellectual services contracts<\/li>\n<\/ul>\n<p>Public contracts are generally awarded through competitive bidding, either open, restricted, or through a design contest (Articles 21 et seq.). Exceptions allow for direct negotiations under specific conditions outlined in the law.<\/p>\n<p>Additionally, regulated procurement regimes exist for specific sectors, including:<\/p>\n<ul>\n<li>Electricity: Law No. 14\/011 (June 27, 2014) (Articles 39, 82, 94).<\/li>\n<li>Public-Private Partnerships (PPP): Law No. 18\/016 (July 9, 2018) (Article 25 et seq.).<\/li>\n<li>Agriculture: Law No. 11\/022 (December 2, 2011) (Articles 10, 12, 13, and 16).<\/li>\n<li>Mining: Law No. 18\/001 (March 9, 2018) amending Mining Code Law No. 007\/2002 (Article 33, para. 7).<\/li>\n<li>Environmental Protection: Law No. 11\/009 (July 9, 2011) (Article 21).<\/li>\n<li>Defense Contracts: While military procurement is covered by the Public Procurement Law (Article 44), specific procedures remain undefined, leading to a lack of transparency in defense procurement.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there specified financial thresholds at which public procurement regulation applies in your jurisdiction? Does the financial threshold differ depending on the nature of procurement (i.e. for goods, works or services) and\/or the sector (public, utilities, military)? Please provide all relevant current thresholds in your jurisdiction. Please also explain briefly any rules on the valuation of a contract opportunity.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The DRC has established financial thresholds for procurement, oversight, and approval under Decree No. 010\/34 (December 28, 2010), subject to periodic revisions. (Note: Updates per the 2025 Finance Law are pending.)<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are procurement procedures below the value of the financial thresholds specified above subject to any regulation in your jurisdiction? If so, please summarise the position.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contracts below the specified financial thresholds are subject to simplified procurement through the comparison of at least three pro forma invoices (Article 11, Decree on Procurement Thresholds) obtained from different suppliers, contractors or service providers, without a formal tender process but subject to transparency and ex post control requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts*, how are contracts publicised?\u202f What publication,\u202f journal or other method of publicity is used for these purposes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 34 of the Law on Public Procurement specifies that the publicity of any public contract must be carried out by publishing an announcement, in identical terms, in the national and\/or international press and electronically, in accordance with a model document that sets out the mandatory information. This obligation also applies to pre-qualification notices for complex contracts. The official body responsible for receiving public procurement advertisements is the website of the Public Procurement Regulatory Authority (ARMP): www.armp-rdc.cd.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts, where there is an initial selection stage before invitation to tender documents are issued, what are typical grounds for the selection of bidders? If there are differences in methodology between different regulated sectors (for example between how a utility might undertake a regulated procurement procedure and how a government department might do so), please summarise those differences.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Depending on the scope or complexity of the services, the call for tenders may be preceded by a prequalification procedure. The standard prequalification document is prepared by the public procurement regulatory authority. The preparation of a procurement process is considered complete once the tender dossier has been approved by the person responsible for public procurement and, depending on prior review thresholds, once this dossier has received the no-objection from the General Directorate for Public Procurement Oversight (see Articles 61 and 62 of the decree establishing the public procurement procedures manual).<\/p>\n<p>There are no methodological differences between the various regulated sectors.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction mandate that certain bidders are excluded from tendering procedures (e.g. those with convictions for bribery)? If so, what are those grounds of mandatory exclusion? Are there any notable features of how this operates in your jurisdiction e.g. central registers of excluded suppliers? Does your jurisdiction specify discretionary grounds of exclusion? If so, what are those grounds of discretionary exclusion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bidders convicted of corruption or fraud may be excluded, as recorded in ARMP\u2019s Central Register of Excluded Suppliers (Articles 80-81, Public Procurement Law).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe a typical procurement procedure for a complex contract. Please summarise the rules that are applicable in such procedures. Please include a timeline that includes the key stages of the process, including an estimation for the total length of the procedure.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong><u>Typical Procurement Procedure for a Complex Contract<\/u><\/strong><\/p>\n<p>The standard procurement procedure for a complex contract is an open tender (Article 105 of the 2010 Decree on the Procedures Manual). This open tender may include a prequalification phase, as provided for in Articles 32 and 44 of the Public Procurement Law. The purpose of this phase is to eliminate candidates who do not have the capacity to execute the contract satisfactorily when the contract involves either (i) the execution of works or the supply of goods of particular importance and\/or complexity, or (ii) the performance of specialized services.<\/p>\n<p>The prequalification dossier, which complies with the standard prequalification dossier prepared by the Public Procurement Regulatory Authority, is published under the conditions set out in Article 95 of the Decree on the Procedures Manual of the Public Procurement Law.<\/p>\n<p>It should also be noted that, based on Article 137 of the Decree on the Procedures Manual of the Public Procurement Law, the contracting authority may, during the candidate consultation phase, use a two-stage bidding process. In the first stage, candidates are invited to submit technical proposals without price indications, based on general design principles or performance standards, subject to further technical and commercial refinements.<\/p>\n<p>Following the contracting authority\u2019s evaluation of the first-stage bids, bidders who meet the minimum acceptable qualification criteria set out in the specifications and who have submitted a technically compliant offer are then invited to participate in a second stage. In this second stage, they submit final technical proposals along with their prices, based on the revised tender dossier prepared by the contracting authority. The use of the two-stage bidding process must be justified and is subject to prior authorization from the Directorate General for Public Procurement Control.<\/p>\n<p><strong><u>Summary of Applicable Rules in Such Procedures<\/u><\/strong><\/p>\n<ol>\n<li><strong>Contents of the Application Dossier:<\/strong>\n<ul>\n<li>(a) The letter of application submission;<\/li>\n<li>(b) Supporting documents proving the candidate is eligible for prequalification; and<\/li>\n<li>(c) Any other required document as specified in the prequalification dossier.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Submission of Applications:<\/strong>\n<ul>\n<li>Must be carried out in accordance with the prequalification dossier.<\/li>\n<li>Application dossiers are opened in the presence of the procurement committee members and evaluated based on the criteria set in the prequalification dossier.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Communication with the Procurement Officer:<\/strong>\n<ul>\n<li>Candidates may only contact the procurement officer in writing regarding prequalification matters, between the deadline for submission and the notification of contract award.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Evaluation of Qualifications:<\/strong>\n<ul>\n<li>Based on factors, criteria, and conditions defined in the prequalification dossier, limited to those set out in Article 21(a) of the Public Procurement Law:<\/li>\n<li>(a) References for the execution of similar services to the contract\u2019s subject;<\/li>\n<li>(b) Human and material resources;<\/li>\n<li>(c) Financial and legal capacity.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<ol start=\"5\">\n<li><strong>Clarifications During Application Evaluation:<\/strong>\n<ul>\n<li>The procurement officer may request clarifications from candidates, with requests made no later than ten (10) calendar days from the application submission deadline.<\/li>\n<li>All requests and responses must be in writing.<\/li>\n<li>If a candidate fails to provide requested clarifications by the specified date and time, their application may be rejected.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<p><strong><u>Timeline of Key Steps in the Process<\/u><\/strong><\/p>\n<ol>\n<li>Preparation of procurement and establishment of bids (Art. 6, Public Procurement Law): <em>Undefined<\/em><\/li>\n<li>Review of the bidding documents by the Directorate General for Public Procurement Control (DGCMP): <strong><em>15 days<\/em><\/strong><\/li>\n<li>Establishment of the shortlist of prequalified candidates: <em>Undefined<\/em><\/li>\n<li>Candidate consultation phase (Arts. 34-36, Public Procurement Law): <strong><em>15 to 30 days<\/em><\/strong><\/li>\n<li>Processing of bids (including prequalification) by the Contracting Authority: <strong><em>15 days<\/em><\/strong><\/li>\n<li>Review of the candidate evaluation report by the DGCMP: <strong><em>15 days<\/em><\/strong><\/li>\n<li>Publication of the provisional award by the Contracting Authority: <strong><em>15 days<\/em><\/strong><\/li>\n<li>Potential appeals on the provisional award (Art. 38, Decree on the Procedures Manual): <strong><em>8 to 15 days<\/em><\/strong><\/li>\n<li>Contract signing: 8 days<\/li>\n<li>Approval of the contract: <strong><em>15 to 45 days<\/em><\/strong><\/li>\n<li>Notification of contract award: <strong><em>15 days<\/em><\/strong><\/li>\n<li>Registration of the contract: <strong><em>15 days<\/em><\/strong><\/li>\n<\/ol>\n<p>Total Estimated Duration: 160-180 days.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If different from the approach for a complex contract, please describe how a relatively low value contract would be procured. (For these purposes, please assume the contract in question exceeds the relevant threshold for application of the procurement regime by less than 50%)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In accordance with Article 87 of the Decree establishing the Procedures Manual, the applicable approach for contracts whose value is below the tender thresholds set by this decree and by the decree establishing the thresholds for procurement, control, and approval of public contracts is not subject to the formal competitive bidding rules prescribed by the law on public procurement. However, such contracts remain subject to the principles of public procurement and must be awarded after comparing at least three proforma invoices from suppliers, service providers, or contractors. The award must also be published, failing which the contract shall be deemed null and void.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is seen as current best practice in terms of the processes to be adopted over and above ensuring compliance with the relevant regime, taking into account the nature of the procurement concerned?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The current best practices regarding the procedures to be adopted beyond ensuring compliance with the relevant regime are determined by the Public Procurement Law and by Articles 4 to 7 of the Decree establishing the Procedures Manual. These principles are as follows:<\/p>\n<ul>\n<li>Freedom of access to public procurement;<\/li>\n<li>Equal treatment of candidates;<\/li>\n<li>Transparency of the procedure;<\/li>\n<li>Effectiveness and efficiency of the procedures.<\/li>\n<\/ul>\n<p>In the context of the 2025 Finance Law, which significantly increases public investment\u2014particularly in infrastructure and equipment\u2014contracting authorities are under heightened pressure to accelerate procurement cycles while maintaining compliance with prior-review and transparency requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please explain any rules which are specifically applicable to the evaluation of bids.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For the purpose of bid comparison, in accordance with paragraph (b) of Article 21 of the Public Procurement Law, the bid analysis sub-committee proceeds as follows:<\/p>\n<ol>\n<li>Conversion into Congolese Francs (FC) of all bid prices expressed in another currency;<\/li>\n<li>Exclusion of the VAT applicable in the Democratic Republic of the Congo and other duties and taxes as specified in the particular data of the tender; any possible provision for price revision during the contract execution period, if foreseen in the bid; all provisional sums, including, where applicable, contingencies.<\/li>\n<li>Adjustments resulting from the correction of arithmetic errors and any omissions; the use of any additional criteria provided in the particular data of the tender; the application of any unconditional discounts offered; the application, in the case of an international tender, of the national and regional preference margin, if provided for in the particular data of the tender.<\/li>\n<\/ol>\n<p>Upon completion of these arithmetic operations, the bids are ranked in ascending order based on their respective amounts (Article 99 of the Decree establishing the Procedures Manual).<\/p>\n<p>At the end of the verification and any arithmetic adjustment operations, the bid analysis sub-committee conducts post-qualification by verifying the qualifications of the bidder who submitted the lowest evaluated compliant bid. The contract award to this bidder is subject to the verification that the bidder meets the qualification criteria, in accordance with Article 21, paragraph (a), of the Public Procurement Law, to satisfactorily execute the contract based on the documents proving the bidder\u2019s qualifications and submitted in accordance with the provisions of the instructions to bidders and the particular data of the tender.<\/p>\n<p>The qualification criteria are financial (turnover, financing capacity) and technical (general experience, similar specific experience, qualifications of key personnel, and equipment and machinery to be deployed) (Article 99 of the Decree establishing the Procedures Manual).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have specific rules for the treatment of bids assessed to be \"abnormally low\" for the purposes of a particular procurement (i.e. a low priced bid, significantly lower than any other bid or a bid whose pricing raises questions of sustainability\/viability over the contract term)? If so, is there a definition of what \"abnormally low\" means and please can you provide a short summary of the specific rules?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The law does not clearly define abnormally low bids as a separate concept, but penalties exist for abusive pricing practices, including overpricing or false invoicing (Article 80, Public Procurement Law).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe any rights that unsuccessful bidders have that enable them to receive the reasons for their score and (where applicable in your jurisdiction) the reasons for the score of the winning bidder. Are regulated procuring bodies required to provide these reasons for their award decision before awarding the contract in question?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any candidate or bidder who considers themselves unlawfully excluded from public procurement or public service delegation procedures may submit a complaint to the contracting authority. The decision of the latter may be challenged before the institution responsible for public procurement regulation (Article 73 of the Public Procurement Law).<\/p>\n<p>The complaint must be submitted, under penalty of inadmissibility, either by registered letter with acknowledgment of receipt or by any other means of electronic communication, within five working days of the publication of the contract or public service delegation award decision, or within ten working days before the scheduled date for submission of applications or bids. The complaint suspends the final award procedure (Article 73 of the Public Procurement Law).<\/p>\n<p>Furthermore, the regulated contracting authorities are required to provide justification for their award decision before awarding the contract in question. Indeed, in accordance with Article 38, third bullet point of the Decree on the Procedures Manual, the contracting authority must publish the provisional award notice for these contracts on the website of the public procurement regulatory authority and in the public procurement journal published by the same authority. Additionally, unsuccessful suppliers must be informed of the reasons for their rejection. A period of five calendar days must be observed from the date of publication of the provisional award notice and the notification to unsuccessful suppliers before concluding the contracts. The absence of this publication and the notification to unsuccessful suppliers renders the contracts null and void.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to unsuccessful bidders in your jurisdiction? In what circumstances (if any) might an awarded contract be terminated due to a court's determination that procurement irregularity has occurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Candidates and bidders who consider themselves unjustly excluded from public procurement or public service delegation procedures may lodge an appeal against the procedures and decisions taken in the course of the procurement process that have caused them harm, before the person responsible for the contract. The decision of this official may be challenged before their hierarchical authority.<\/p>\n<p>This appeal must be filed within five (5) working days from the publication of the provisional award decision of the contract or public service delegation, or at the latest, within five (5) calendar days before the deadline set for the submission of applications or bids. Such an appeal, if lodged during the waiting period, has the effect of suspending the award procedure until the final decision of the contracting authority or, if applicable, the dispute resolution committee of the public procurement regulatory authority in the event of an appeal against the decision of the contracting authority.<\/p>\n<p>The person responsible for public procurement is required to respond within five (5) working days, beyond which the absence of a response constitutes an implicit rejection of the administrative appeal.<\/p>\n<p>If the appeal referred to in Articles 160 and 161 of the decree does not result in a satisfactory resolution, the aggrieved candidate or bidder may refer the matter to the dispute resolution committee of the public procurement regulatory authority by means of an appeal:<\/p>\n<ul>\n<li>Filed by the candidate or bidder within three (3) working days from the receipt of the response from the contracting authority or the expiration of the five (5) day deadline granted to the latter to respond to the administrative appeal;<\/li>\n<li>Leading to the suspension of the procurement procedure by decision of the dispute resolution committee if it deems the appeal admissible, unless the contracting authority certifies that the contract award must proceed immediately due to reasons related to the protection of the essential interests of the State or as a result of an urgent and compelling situation linked to a natural or technological disaster.<\/li>\n<\/ul>\n<p>The decision of the dispute resolution committee may be appealed before the competent court, but such an appeal does not have a suspensive effect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are public procurement law challenges common in your jurisdiction? Is there a perception that bidders that make challenges against public bodies suffer reputational harm \/ harm to their prospects in future procurement competitions? If so, please provide brief comment. Assuming a full hearing is necessary (but there are no appeals), how much would a typical procurement claim cost: (i) for the defendant and (ii) for the claimant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are several cases of findings in public procurement law, mainly in situations where the procedure for awarding a public contract has not been respected, particularly due to the failure to apply the principle of equal treatment of bidders or the principle of transparency.<\/p>\n<p>Generally speaking, there is no widespread perception that bidders who challenge public authorities suffer damage to their reputation or to their prospects in future tenders.<\/p>\n<p>Furthermore, assuming that a full hearing is required (but there is no appeal), it is not possible, based on the existing data, to estimate the cost of a typical public procurement claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Typically, assuming a dispute concerns a complex contract, how long would it take for a procurement dispute to be resolved in your jurisdiction (assuming neither party is willing to settle its case). Please summarise the key stages and typical duration for each stage.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ol>\n<li>Administrative appeal to the Person Responsible for Public Procurement: 3 days;<\/li>\n<li>Hierarchical appeal to the Contracting Authority: 5 days;<\/li>\n<li>Appeal to the Dispute Committee (ARMP): 15 days;<\/li>\n<li>Courts and tribunals: Not defined (depends on the choice of judicial procedure initiated by the claimant).<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights\/remedies are given to bidders that are based outside your jurisdiction? Are foreign bidders' rights\/remedies the same as those afforded to bidders based within your jurisdiction? To what extent are those rights dependent on whether the host state of the bidder is a member of a particular international organisation (i.e. GPA or EU)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign and domestic bidders are granted equal rights in procurement, regardless of their country\u2019s membership in international organizations.<\/p>\n<p>N.B.: This rule applies even in cases where the 5% reductions on financial offers are accepted concerning national preference (also applicable to bidders from member countries of these organizations).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where an overseas-based bidder has a subsidiary in your territory, what are the applicable rules which determine whether a bid from that bidder would be given guaranteed access to bid for the contract? Would such a subsidiary be afforded the same rights and remedies as a nationally owned company bidding in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specific rules applicable to companies in a parent-subsidiary relationship. Bidders are considered equal and have free access to public procurement. However, based on the principle that one bidder equals one offer, the relationship between parent and subsidiary bidders is viewed as a single entity, meaning they can submit only one bid for the same contract. Furthermore, subsidiaries are afforded the same rights and remedies as nationally owned companies bidding in the DRC.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction is there a specialist court or tribunal with responsibility for dealing with public procurement issues? In what circumstances will it have jurisdiction over a public procurement claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The law of the DRC has established the Dispute Resolution Committee (\u2018Comit\u00e9 de r\u00e8glement des diff\u00e9rends\u2019) within the Public Procurement Regulatory Authority. This committee considers administrative claims related to the procurement and award procedures of public contracts, as well as certain disputes arising from the execution of contracts (Articles 73 to 76 of the Public Procurement Law). Decisions of the committee are binding and can be subject to judicial review.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are post-award contract amendments\/variations to publicly procured, regulated contracts subject to regulation in your jurisdiction? Are changes to the identity of the supplier (for example through the disposal of a business unit to a new owner or a sale of assets in an insolvency situation) permitted in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, any modifications made after the award of regulated contracts entered into by the public sector are subject to the conclusion of an addendum. The addendum may also govern changes affecting the contracting authority or the contract holder (Articles 194 to 196 of the Decree on the Procedures Manual).<\/p>\n<p>An addendum is only valid if it has obtained the non-objection of the General Directorate for Public Procurement Oversight and if it is approved by the competent approving authority, taking into account the contract amount increased by that of the addendum.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How common are direct awards for complex contracts (contract awards without any prior publication or competition)? On what grounds might a procuring entity seek to make a direct award? On what grounds might such a decision be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The regulations of the DRC specify that a direct contract (negotiated procedure without competition) can only be awarded in one of the following cases:<\/p>\n<ul>\n<li>When the needs can only be met by a service requiring the use of a patent, a license, or exclusive rights held by a single contractor, supplier, or service provider;<\/li>\n<li>When the contract can only be entrusted to a specific provider for technical or artistic reasons;<\/li>\n<li>In cases of extreme urgency, for works, supplies, or services that the contracting authority executes in place of a failing contractor, supplier, or service provider;<\/li>\n<li>In cases of compelling urgency caused by unforeseen circumstances or force majeure, preventing compliance with the timelines set in the tendering procedures and requiring immediate intervention;<\/li>\n<li>When it involves special contracts as defined in Articles 44 and 45 of the law.<\/li>\n<\/ul>\n<p>A direct contract can only be awarded to contractors, suppliers, or service providers who have the required expertise or have carried out similar works in the past and agree to be subject to specific price control during the execution of the services.<\/p>\n<p>This procedure can be challenged if it does not comply with the procedures that are subject to specific controls:<\/p>\n<p>a. The selected candidate is subject to specific cost price control during the execution of the services;<\/p>\n<p>b. The awarding of a direct contract must be detailed in the annual report published by the Public Procurement Regulatory Authority;<\/p>\n<p>c. A direct contract can only be awarded with the approval of the General Directorate for Public Procurement Oversight and exclusively in the cases expressly provided for in Articles 40 and 41 of the Public Procurement Law.<\/p>\n<p>In general, public procurement rules are not sufficiently flexible and\/or adapted to respond to other events impacting the global supply chain. The procedures are lengthy, and deadlines are often not met by public actors. This has led to the widespread application of public procurement through the direct agreement method or negotiated contracts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have your public procurement rules been sufficiently flexible and\/or been adapted to respond to other events impacting the global supply chain (e.g. the war in the Ukraine)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The legal framework offers limited flexibility to mitigate supply chain disruptions arising from external shocks or temporary regulatory interventions, including measures affecting the export of strategic commodities, which may impact project timelines and risk allocation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4447<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/128546","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=128546"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}