I. EXTERNAL CONTROL OF EXECUTION EXERCISED BY MINMAP

Introduction

This chapter outlines, in chronological order, the steps to follow for effective and equitable control to identify dysfunctions in the execution of public contracts for the protection of public wealth. These steps range from the planning of periodic missions (monthly, quarterly, or annual) to the preparation of a consolidated control report, including research and documentary control as well as the control of effectiveness (ToR, field visits, minutes, mission reports). For each step, the guide states the objectives, expected results, resources, and specifically the methodology and tools used. Resources refer to all provisions related to the environment of the contract under control (Contracting Authority, Project Owner, Regulatory Body, Regulations…). Before detailing the steps, it is important to present the general role of control, the content of the control as exercised by the Ministry of Public Contracts, and its scope of application.

I.1 THE ROLE OF CONTROL

Control plays a role in monitoring, detection, deterrence, and foresight.

  • • Monitoring: Monitoring carried out as part of the external control of public contract execution ensures that services are performed in accordance with contractual clauses, current regulations, and best practices.
  • • Detection: Control is intrinsically a process of examination and diagnosis of breaches, defects, and poor workmanship—essentially all compliance gaps affecting the process or the deliverable—to administer appropriate remedies in a timely manner.
  • • Deterrence: Control in public contracts also aims to deter, not only through its efforts to fight fraud in the physical and financial execution of public contracts but also through its induced consequences by contributing to the punishment of the actors involved.
  • • Foresight: The ability of control to prevent eventual dysfunctions or catastrophes should also be highlighted. Indeed, control allows for the anticipation of risks of incidents that may require appropriate corrections and adjustments to deliverables.

II.1 REMINDER OF THE CONTENT OF MINMAP CONTROL

MINMAP control is governed by Decree No. 2018/366 of June 20, 2018, on the Public Contracts Code (Article 47) and Decree No. 2018/355 of June 12, 2018, fixing common rules applicable to public enterprise contracts (Article 19). MINMAP is thus the body responsible for external control of the execution of public contracts. In this capacity, it:

  • Is competent for on-site control of the execution of public contracts in progress or starting, whether regarding supplies, studies, audits, full or partial project management of roads, buildings, or collective equipment and other structural projects, as provided by the aforementioned provisions;
  • Conducts, with its competent services, unannounced controls of contracts in execution, notably to ensure the effectiveness and quality of work, the relevance of studies, and the conformity of public order deliveries according to contract clauses and best practices. These services note infractions and establish reports (procès-verbaux), if necessary, to have them repaired or sanctioned by competent authorities;
  • Performs ex-post controls to analyze the performance of works or supplies under warranty;
  • Verifies after the contract signature its adequacy with the tender file, the award decision, and the bid of the selected contractor;
  • Verifies ex-post, based on all progress bills (décomptes) of which it receives a copy, the adequacy between invoiced services, payments made, and services rendered;
  • Signals to the Head of Service, the Project Engineer, and/or the Project Manager any observed breaches in contract execution;
  • Attends, as an observer, technical acceptances and receptions of services;
  • Receives a copy of provisional progress bills and visas the final account for works contracts or the last invoice for other types of services;
  • Contributes to the public contracts database;
  • Signals, if necessary, to the regulatory body for public contracts, gaps in the performance of actors requiring capacity building;
  • Prepares semi-annual and annual reports on the general situation of public contract execution.

III.1 SCOPE OF MINMAP CONTROL

Control within the meaning of this document concerns all public contracts as defined by Articles 47 of Decree 2018/366 and 19 of Decree 2018/355. This includes job orders (lettres commandes), contracts, and public service delegations.

Under the public contracts code, the typology has been enriched and definitions clarified. We now have (1):

Ø Works Contracts: Contracts whose object is the realization of construction, reconstruction, demolition, repair, or renovation of any building, road, or structure, including site preparation, earthworks, equipment installation, decoration, and finishing, as well as services incidental to the works if their value does not exceed that of the works themselves;

Ø Supply Contracts: Contracts for the purchase, leasing, or hire-purchase of products or materials including services and accessories, if their value does not exceed that of the goods themselves;

Ø Quantifiable Service Contracts: Contracts for services that do not necessarily require design. They result in a physically measurable outcome. These include security, cleaning, maintenance of public buildings or green spaces, maintenance of office or IT equipment, and insurance (excluding health insurance);

Ø Non-quantifiable Services and Intellectual Service Contracts: Services of a mainly intellectual nature. These include health insurance, advertising, organization of training seminars, and intellectual services including project management, audits, studies, control, and specific obligations linked to intellectual property.

Additionally, other types of contracts exist (2) including:

  • Design-build contracts;
  • Framework agreements;
  • Multi-year and tranche contracts;
  • Reserved contracts;
  • Special contracts *;
  • Insurance contracts;
  • Force account works (régie).

N.B: It should be noted that the control process developed in this guide concerns type (1) contracts but is also applicable to other types (2) depending on the orders contained within them.

* However, in practice, special contracts are outside the control of MINMAP.

IV.1 THE PUBLIC CONTRACT CONTROL PROCESS AT MINMAP

The control process for a public contract at MINMAP consists of four main stages: planning/programming, documentary control, field inspection, and follow-up of recommendations.

 

II. PLANNING / PROGRAMMING

Planning/programming is an operational tool that allows the control body and the Controller to set the course, develop objectives and performance indicators, and manage the resources to be deployed to achieve expected results. This activity must occur at the beginning of a period and be based on the evaluation of the previous period. Whether for a single Controller or a Control Brigade, planning is essential to ensure the performance of the "Public Contract Control" program.

Objective: Establish a realistic annual or periodic control program for public contracts falling within the competence of the Control Brigade.

Methodology

  • Evaluation of the previous program;
  • Situation analysis (new opportunities, threats);
  • Review of the year's public procurement programming (Listing and identification of signed contracts);
  • Review of the workloads of the different controllers;
  • Consideration of hierarchy instructions regarding specific or unannounced missions;
  • Development and eventual adjustment of the control program.

Expected Results

  • The portfolio of contracts to be controlled is updated;
  • The corresponding control program is developed.

Tools

  • Project journal for the considered year;
  • List of signed contracts;
  • Status of public contract awarding;
  • Control programs from the previous period;
  • Progress bills processed during the period (visaed or rejected);
  • Batch of received contract management documents (signed and registered contract, duly notified commencement order, guarantees, insurance policies, addenda, etc.).

II.1 DOCUMENTARY CONTROL (ON-SITE/OFFICE)

a) Collection of the Documentary Batch

For each contract, the Controller must systematically collect all documents related to the awarding, management, and execution of contracts within their portfolio.

i. Methodology

  • Contacting Project Owners, Project Managers, Contracting Authorities, and co-contractors to provide all documents related to the contract;
  • Reviewing information contained in contract execution documents;
  • Reviewing information from laws and regulations;
  • Contacting relevant authorities for breaches noted during document review, if necessary.

ii. Tools

List of awarded contracts, project journal developed by MINEPAT, control programming, etc.

iii. Expected Documents

All documents allowing for the understanding of the contract are collected and reviewed:

ü Procurement Documents:

  • Tender File (DAO); Technical Specs (CCTP); Terms of Reference (ToR); Technical Offers; Financial Offers.

ü Execution Documents:

  • Registered contract and addenda; Duly notified commencement orders; Guarantees and insurance policies; Approved execution program; Approved quality assurance plan; Approved environmental management plan; Activity reports, progress bills; Site installation reports; Proof of disbursements; Any other document provided in the contract.

b) Document Analysis

i. Methodology

  • Ensuring the completeness of the documents listed above;
  • Reviewing and mastering the contract details;
  • Verifying the conformity of contractual documents;
  • Verifying the authenticity of guarantees and insurance with issuers;
  • Checking mobilized personnel and equipment against the bid;
  • Verifying results of technical tests and trials against CCTP requirements;
  • Checking the authority of signatories;
  • Verifying execution deadlines.

ii. Tools

  • Contract documentary batch;
  • Copies of progress bills or invoices submitted for control;
  • Final account or last invoice for control and prior visa;
  • Current regulatory texts.

iii. Expected Results

  • Control documents are available;
  • Eventual contract inconsistencies or non-conformities are identified;
  • Guarantees and insurance are accepted or rejected;
  • Gaps against contract requirements are assessed;
  • Results of trials/tests are accepted or rejected;
  • Delay penalties or specific penalties are applied if necessary.

Once these steps (planning and documentary control) are completed, the field inspection can be deployed to verify the effectiveness, quality, and conformity of services.

II.2 FIELD CONTROL (ON-SITE INSPECTION)

a) Preparation of Terms of Reference (ToR) for the field mission

i. Drafting the ToR

- Context and justification
- Objectives
- Expected Results
- Methodology
- Conduct of the mission
- Resources (material, logistical, financial, etc.).

ii. Tools

  • Contract documentary batch;
  • Instructions from hierarchy;
  • Submitted progress bills for visa;
  • Current regulations.

b) On-site Visit

b.1) Works Contracts

i. Methodology: Contact meeting; Review of additional docs; Site visit (Measurements, interviews, counting, comparison of data); Identification of gaps; Physical, qualitative, and financial evaluation; Drafting of reports/infractions; Restitution meeting; Report writing.

ii. Tools: Documentary batch, control sheets, field notes, photos, regulations, technical software.

b.2) Supply Contracts

i. Methodology: Documentary review; Site visit; Counting and comparison; Review of stock books/ledgers (ex-post); Matching contract data with deliveries; Verification of norms, specs, and quantities; Infraction reports; Report writing.

ii. Tools: Signed reception minutes, signed invoices, contract batch, control sheets, photos.

b.3) Quantifiable Service Contracts

i. Methodology: Contact meeting; Space measurements; Interviews; Comparison of office data vs site data; Gap assessment; physical/financial evaluation; Restitution meeting; Report writing.

ii. Tools: Documentary batch, control sheets, photos, regulations.

b.4) Non-quantifiable and Intellectual Services

i. Methodology: Expert identification (ID, time sheets, travel docs); Verification of key personnel and equipment; Review of deliverables (Technical acceptance minutes); Expense verification (fuel, per diem, rentals); Infraction reports; Report writing.

ii. Tools: Documentary batch, control sheets, photos, comparative tables, disbursement invoices.

b.5) Insurance Contracts

i. Methodology: Documentary review; On-site visit; Meetings; Counting and comparison; Review of ledgers (ex-post); Matching contract data with distributions; Infraction reports; Restitution meeting; Report writing.

ii. Tools: Signed reception minutes, signed invoices, documentary batch, regulations, control sheets, photos.

Last modified: Monday, 16 February 2026, 2:54 AM