تنفيد الصفقات العمومية على ضوء القانون 23-12

Abstract

This study examines the legal framework governing public procurement contracts in Algeria, addressing their conceptual foundations, defining characteristics, and methods of conclusion. These contracts are administrative agreements aimed at meeting public needs and safeguarding public funds. The legislator has established criteria regulating their scope, covering both substantive criteria — relating to the nature of services (works, supplies, studies, and services) — and financial criteria pertaining to public expenditure. Competitive tendering serves as the general rule, while negotiated procedures remain an exception. The conclusion process unfolds through precisely defined stages: identifying needs, drafting tender specifications, publication, competitive bidding, and evaluating offers, culminating in the final award, all governed by transparency and equal treatment. During execution, the contracting authority exercises supervisory and regulatory powers, while the contracting party retains corresponding rights, including compensation and financial equilibrium. The study concludes that the system achieves a balance between administrative prerogatives and contractor guarantees, thereby reinforcing both public service effectiveness and the protection of public funds.