The Transitional Legislative Assembly adopted the bill relating to the general regulation of public procurement during the plenary session on Saturday, October 20, 2024, in Ouagadougou.
Law 039/2016 which governed public procurement in Burkina Faso is no longer relevant. Indeed, during a plenary session of the Transitional Legislative Assembly, Saturday April 20, 2024, the 59 deputies present unanimously voted for the new law which now governs public procurement in the land of honest men.
For the Minister Delegate in charge of the budget, Fatimata Bako/Traoré, the new law will make it possible to guarantee the independence of the Public Procurement Regulatory Authority (ARCOP), to ensure the coherence of the sanctions system, by making it more efficient and respect social and environmental standards in relation to the acquisition of goods and services. And for good reason, public spending constitutes a central element in the management system of public authorities.
Most of them are carried out through public procurement. Given their importance in volume and value, public markets have a considerable influence on the good management of public affairs and contribute significantly to the economic and social development of the country. “This justifies the need to put in place a solid system for their management, which complies with international and community standards and which is based on clear and understandable regulatory texts,” continued the minister.
The new law on public procurement introduces several innovations. This involves the inclusion of the integrity of actors as one of the basic principles of public procurement. Now under the terms of the law, sustainable public procurement takes into account not only the economic aspect but also social and environmental care. Furthermore, it strengthens the powers of the ARCOP which can now directly sanction unscrupulous public officials.
With the new regulations, it is no longer possible to suspend an entire public order following an appeal, because the summary suspension has been withdrawn. “This legislative provision was poorly applied, because numerous abuses were observed, with the consequence of difficulties for the State in making available very quickly, the infrastructures for which public orders had been placed,” explained the Minister Delegate responsible for from the budget.
Evariste WANTS