REQUEST FOR PROPOSALS IN THE DIGITAL PUBLIC DEAL: A STUDY UNDER THE PROVISIONS OF LAW 23/12
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Abstract
The digital public deal constitutes a deal similar to the traditional public deal, except that it is carried out through electronic media, which requires that it be subject to the requirements of the digital environment and adapted within its privacy in terms of the conditions and procedures for concluding and implementing it. The request for offers is the general rule in concluding the digital public dealbecause it gives it the character of transparency and freedom of competition. There is equality between the candidates, but it requires a strong infrastructure and high Internet flow, supported by a protection system and advanced electronic devices and programs.
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References
Law No 18-05 of Shaaban 24, 1439, corresponding to May 10, 2018, relating to electronic commerce, j-o No. 28, issued on Shaaban 30, 1439, corresponding to May 16, 2018.
- Lauboutier Flora and Romas Angelicia: “The dematerialization of the reform of the command publique.” contrats publics, n° 167, Juillet-aout 2016, p 22.
-Hazem Salah El-Din Abdullah, contracting the management entity via the Internet, a comparative study, New University House, Egypt 2013, p 178.
- Article 02 Of the provisionsthe law Get up 23/12, historian in 18 MuharramYear 1445 corresponding to August 05 -2023 ,Determines the general rules related to public procurement, j-o number 51, dated in 06 August 2023.
- Jaber Zaid and Wahiba Diji, procedures and methods for concluding public deals in Algerian legislation, Majma’ Al-Ma’rifa Magazine, College. Economic, social and management sciences, Tindouf University Center, first volume, first issue, 2015, p 152.
- Ibid, p 153.
- Faisal Nasigha, The Legal System for Public deal and Their Protection Mechanisms, Journal of Judicial Jurisprudence, Faculty of Law and Political Science, University of Biskra, Issue Five, September 2009, p 99.
- Majed Ragheb Al-Helou, Administrative Contracts, New University House, Egypt, 2009, p 399.
- Article 24 of law No 23/12, op. cit.
-Aisha Khaldoun, Ahmed Bouzek, Concluding public contracts during the spread of the Corona epidemic, Journal of Human Sciences, Oum El Bouaghi University, Volume 08, Issue 2, June 2021, p 35.
- Article 24 of law No 23/12, op. cit
- Jaber Zaid, and Wahiba Deji, previous reference, p 153.
- Article 105 of law No 23/12, op. cit.
- Article 106 of law No 23/12, op. cit
- Article 107 of law No 23/12, op. cit.
- Article 56 of Decree No. 2006-975 of 1 August 2006 on the Code of Public Procurement, Amended by Decree No. 2011-1000 of 25 August 2011 - Art. 19, Repealed by Order No 2015-899 of 23 July 2015 - Art. 102.
- Fayrouz Hout, The Legal System for Electronic Contracting in the Field of Public deals, PHD thesis, specializing in contracts, Faculty of Law, University Sidi Bel Abbes, Algeria, 2019, 2020, p. 21.
- To learn more about the concept of dematerialization of public deals, see: Ben Jarrad Abdel Rahman, Mahdawi Abdel Qader, Dematerialization of public deals (a comparative study), Al-ostaz Al-Bahith Journal for Legal Studies, Issue 11, September 2018, p 229.
- Fayrouz Hout, op. cit, p 23.
- Majed Ragheb Al-Helou, Administrative Contracts, New University House, Egypt, 2009, p. 121.
- Achache Hamza, electronic contracting in the field of public contracts in Algerian law, PHD thesis, administrative specialty, Faculty of Law and Political Sciences, Mohamed Boudiaf University of Lamsila, 2021-2022, p 18.
- Hamdi Laqbilat, Electronic Public Administration Law, Wael Publishing House, Jordan, 2014, p 160.
-Ibid, p 160.
- Article 05 of the the law 12/23, op cit .” To ensure the effectiveness of public applications and the proper use of public funds, the principles of free access to public applications, equality in the treatment of candidates, and transparency of procedures must be taken into account in public procurement, while respecting the provisions of this decree".
- Mohammad Ababsa and others, procedures for applying the principles of advertising and competition in concluding public contracts, Journal of Legal and Economic Research, Volume 05, Issue 01, 2022, p 650.
- Furqan Fatima Al-Zahraa, the legal framework for the protection of public deals in algeria, PhD thesis, specializing in Public Law, Faculty of Law, University of Algiers 1, 2017-2018, p 21.
- Ashash Hamza, op. cit, p 39.
- Muhammad Ababsa and others, op. cit, p 651.
- Ibid, p 39.
-Kadouj Hamama, The Process of Concluding Public deals in Algerian Law, 2nd edition, Office of University Publications, Algeria 2006, p 84.
-Drifi Nadia, Public Facility Management and New Transformations, Dar Yalqis, Algeria, 2010, p 35.
- Jaafar Khadija, Principles of Public deals in Decree 15/247, Journal of Studies and Research, Arab Journal of Humanities and Social Sciences, Volume 12, Issue 03, 2020.
-And this isWhat was stipulated in Article 12 of Presidential Decree No 01-640 regarding the organization of public procurement and public utility authorizations, which stipulates that: “A margin of preference of twenty-five percent (25%) shall be granted to products of Algerian origin and/or to institutions subject to Algerian law, which The majority of its capital is owned by resident Algerians, with regard to all types of deals mentioned in Article 52 above.
-Ammar Boudiaf, Explanation of the Organization of Public deals, Section 1, op. cit, p 106
- Article 46 of the law 23/12, op. cit.
-Kharshi Al-Nawi, Project Management within the Framework of Organizing Public deals, Dar Al-Khaldounia for Publishing and Distribution, Algeria, 2011, p 439.
- Fayrouz Hout, op. cit, p 24.
- Ben Jarrad Abdel Rahman, Mahdawi Abdel Qader, Dematerialization of Public deals (Comparative Study), op. cit, p 226.
- Hamdi Laqbilat, op. cit, p 661.
- Ashash Hamza, op. cit, p 19.
- Mohammed Hussein Abdel Aleem, Proof of the Electronic Administrative Contract, New University House, Egypt, 2019, p 31.
- Ibid., p 31.
- « Interactivity: possibility of exchange between the user of a computer system and the machine, via a terminal with a display screen». bresse pierre, beaure d'augeres guillaume et thuillier stéphanie: digital payment on the internet «state of the art, impact on trades and legal aspects,thomson pulishing, paris 1997, p 76.
- Ashash Hamza, op. cit, p 20.
- Khaled Mamdouh Ibrahim, Concluding the Electronic Contract (Comparative Study), Dar Al-Fikr University, Alexandria, Egypt, 2006, p 55.
- Ashash Hamza, op. cit, p 20.
- Farooq Muhammad Ahmed Al-Abasiri, Subscription contract in information bases via the Internet, an applied study of international e-commerce contracts, New University House, Egypt, 2002, p 60.
- Article 36 of law No 23/12, op. cit.
- Article 37 of law No 23/12, op. cit.
- Subject 38 of law No 23/12, op. cit.
- Ashash Hamza, op. cit. p 90.
-These two articles carry the same content as the previous two articles in light of Decree 15/247 relating to public procurement and the public utility, which was cancelled. However, the difference lies in the obligation to exchange information electronically under the new law. See Articles 105/106 of Law 23/12 relating to public procurement. , op. cit.
- Order No 75-58 of Ramadan 20,1395, corresponding to September 26,1975, amended and supplemented by Law No 07-05 of May 13, 2007, containing the Civil Code, J-O No. 31, issued on May 27, 2007.
- "all Special process for procedures on a paper holder. "It can be adapted to electronic procedures."
- Article 107 of law No 23/12, op. cit.
- Subject39 of law No 23/12, op. cit.
-Article 112 of law No 23/12, op. cit.
- Belgul Abbas, Electronic Public deals in Presidential Decree 15-247, Journal of Legal Studies, Issue 2, December 2019, p. 43.
- Article 44 From Presidential Decree 15-247, op. cit.
- Ashash Hamza, op. cit. p 92.
- The second paragraph of the article 43 of Presidential Decree 15-247, op. cit.
- Ashash Hamza, op. cit.p 93.
-And it's similar The limited request for offers, along with the open request for offers and consultation, enables the submission of offers from unknown clients based on the announced terms and conditions.
- And loyalIn this case, the contracting authority is aware in advance of the technical complexities of the deal, the goals that must be achieved by concluding it, and the techniques that require this, meaning that it has complete information about the subject of the deal despite its complexity.
-This is called selective counseling.
- The 3rd paragraph of the article 46 of Presidential Decree 15-247, op. cit.
- The 3rd paragraph of the article 46, ibid.
- Ashash Hamza, op. cit. p 94.
- The 2nd paragraph of the article 47 of Presidential Decree 15-247, op. cit.
- The 2nd paragraph of the article 47 op. cit.
- The 2nd paragraph of the article 47 op. cit.
-article 48 of Article 46 of Presidential Decree 15-247, op. cit.
- Paragraph 3 of Article 48, op. cit.
- Ashash Hamza, op. cit, p 97.
-Abdel-Ghani Boualkour and others, Controlling and Determining Needs on the Occasion of Concluding Public deals, Journal of Legal and Political Research, Issue 3, Muhammad Al-Sadiq Ban Yahya Jijel University, p 169.
- Whout Fayrouz, op. cit.p 63.
-Mohamed Bakr Hussein, the Mediator in Administrative Law, Dar Al-Fikr Al-Jami’i, Alexandria, 2006, p. 292.
- Amal Lotfi Hassan Jaballah, The impact of electronic means on the actions of electronic administration (a comparative study), Dar Al-Fikr Al-Jami’i, Egypt, 2013, p 120.
- Article 27 of the provisions of Presidential Decree 15- 247, op. cit.
-The Egyptian legislator defined the electronic signature as “what is placed on electronic documents and takes the form of letters, numbers, symbols, signs, or other things, and has a unique character and allows the person of the signatory to be identified and distinguishes him from others.” See in this regard, Yassin Qutal, Hakima Hamdi, Electronic contracting in the field of public deals, Al-Bahith Journal for Academic Studies, Batna 1, Volume 09, Issue 01, 2022, p 348.
- Khaled Khalifa, Methods and Procedures for Concluding Public deals in Algeria, Dar Al-Khaldouniyah, Algeria, 2017, p 30.
-Mohamed Bakr Hussein, The Mediator in Administrative Law, Dar Al-Fikr Al-Jami’i, Alexandria, 2006, p 292.
- Amal Lotfi Hassan Jaballah, op. cit.p 120.
- Muhammad Amin Youssef, The Administrative Contract and the Electronic Administrative Contract, Dar Al-Kutub and the House of Arab Studies, Alexandria, Egypt, 2017, p 282.
- Article 62 of Presidential Decree No. 15-247.
- Article 26 of Presidential Decree No. 15-247
- Fayrouz Hout, op. cit, p 95.
-Ashash Hamza, op. cit.p 104.
- article 12 of the decision of 17 November 2013, op. cit.
- Ashash Hamza, op. cit. p. 104.
- Fayrouz Hout, op. cit.p 106.
- Look Article 159 to 162 of Presidential Decree No. 15-247, op. cit.
-Article 70, ibid.
- It must During the electronic envelope opening session, the contracting authority must also ensure that the session is recorded, as a precaution in the event that a dispute arises regarding this matter.
- Article 73 of Presidential Decree No 15-247, op. cit.
- Fayrouz Hout, op. cit.p 108.