إبرام الصفقات العمومية بأسلوب التراضي و مبدأ المنافسة أي جديد ؟؟ : وفق أحكام المرسوم الرئاسي رقم 15-247

الملخص EN

bstract: In both forms of the mutual agreement, competition is restricted and disappeared, in the simple agreement it disappeared totally, however, it's restricted in cases of agreement after consultation, which is considered as an exception from the general rule of contracting in public procurements ( call for tender), but the Algerian legislator has determined exclusively the granted authority recourse cases to both forms of agreement, it has also recorded it by a set of conditions, in addition, the granted authority must respect the principles stipulated in article 05 even if it recourses to contract in the form of agreement, in order to avoid favoritisme and bribery while contracting under this form, also, maintaining public funds and achieving quality in public service prestation.

Thus, we have chosen the issue of narrowing and negating the application of competition through agreement in the field of public procurements under Presidential Decree No.

15-247, In order to study the guarantees and limits set by the Algerian legislator when resorting to the granted authority to contract in both forms of agreement.