CCRA, what is it?

The Public Buyer or Contract Holder may refer a dispute to the Mutual Resolution Advisory Committees (CARACs) when a dispute arises during the performance of a procurement.

Depending on the public purchaser concerned, either the national committee or a local committee should be consulted:

• The national committee for the amicable settlement of disputes relating to public procurement. It shall be competent for contracts awarded by the central services of the State and by the services and bodies with national competence where the contracts in question cover requirements exceeding the area of a single local committee.
• The local committees The parties shall have jurisdiction where the public contract is awarded by a local authority, its grouping or public establishments or the decentralized departments of the State.

FYI  

To learn more about CARC, you can consult the following practical guide:

Public order: practical guide on mutual agreement procedures for settling disputes

Ministry of Economy

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These committees are not jurisdictions. They issue opinion, whether the purchasers or the holders of the contracts are free to follow or not.

The committee seised shall deliver its opinion within six-month period from the date of referral. This period may exceptionally be extended by periods of one month, up to a maximum of three months, in the event of particular difficulties in examining the case.

The decision taken by the purchaser on the advice of the committee shall then be notified to the contract holder and the secretary of the committee. If the parties decide to follow the advice given, they may conclude a transaction or sign a rider.

If this is not the case, either party may bring the matter before the administrative judge.

How do I refer to an advisory board?

For seize a committee, you have to send a brief explaining the grounds of dispute, nature and amount of claims. Contract documents, correspondence between the parties and any other documents relating to the dispute must also be provided.

This file must be sent by registered letter with notice of receipt or deposited against receipt to the secretariat of the competent committee. An additional paperless dispatch may be sent by e-mail to the secretariat of the Committee.

Referral and instruction of a committee shall be free of charge. The costs of sending and copying the documents, as well as the costs of legal counsel (which is not compulsory) shall remain at the expense of the person seizing the documents.

Communications and exchanges of information with the Committee may then be carried out by electronic means.