The Contract Accounting Department (of an engineering nature) undertakes controlling all contracts and consultancy agreements. This is done through examining all documents and their procedures, conclusion phases, and (technical, financial and contractual) implementation on the ground until the final delivery. In addition, it undertakes the final preparation of the project to ensure that the procedures are taken in accordance with the conditions, specifications, contractual documents and shop drawings through its specializations from the perspective of actual work as follows:
- Control all types of contracts through examining all documents, drawings, their procedures, conclusion phases, and (technical, financial, and contractual) implementation until the final delivery.
- Control work progress and ensure that the already executed works are compliant with what is planned and approved in the contractual specifications and documents.
- Control and document quality, to measure performance through field visits, follow up on the implementation of works in the work sites of the projects of the Ministry, make technical and contractual observations, and file the necessary reports on them to ensure smooth and regular work progress and ongoing improvement of operations.
- Control and follow up on the implementation of consultancy service agreements and ensure completion of works (design work and supervision over implementation).
- Review documents and drawings of (technical and financial) change orders and extension orders, their consequent time burdens and the extent to which they are needed, and ensure obtaining approvals of the relevant authorities.
- Follow up and evaluate the work of committees and work groups that are formed to study the contractors’ claims, lawsuits and arbitration cases to which the Ministry is a party.
- Follow up on certificates of payment, and compare the prices and categories recorded in the completion lists according to which the certificates of payment were issued, as well as any applied liabilities or fines, etc.
- Compare expenditure financial ratios to the tender drawing and project budgets appropriated from funds.
- Participate in examining the reports from monitoring bodies; and compile technical reports and technical/contractual opinions addressing the observations of the Accounting Headquarters and the government performance monitoring body, in coordination with relevant authorities.
The Contract Accounting Department comprises the following sections:
- Technical Audit Section.
- Financial Audit Section.
- Coordination and Follow-up Section.
The Technical Audit Section undertakes the following specializations:
- Review and audit change and extension orders for technical and consultancy service agreements along with consequent financial and time burdens (as per quorum). The section decides how far they are needed before approving theses change and extension orders by the relevant entities, then follows up the completion of approvals by the relevant entities.
- Move to work sites to compare the already implemented works to what is stated in the completion lists and verify the quality of implemented works through periodical visits to projects in cooperation with the Coordination and Follow-up Section.
- Audit and review periodical certificates of payment for technical and consultancy service agreements after being approved by relevant entities at the Ministry; to ensure that the payment is released in accordance with what is stated in the completion lists.
- Give an opinion on claims set forth in technical and consultancy service agreements according to applicable decisions, and follow up on the work of the committees formed to look into and decide on such claims.
- Participate in evaluating proposals and tenders; and prepare technical reports in coordination with the Document and Contract Department.
- Attend preliminary meetings during discussing bids and practices, track the possible observations, and work on avoiding them in other contracts; in coordination with the Document and Contract Department.
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*1 By virtue of the Administrative Decision No. 2763/2018 dated 14/8/2018
*2 By virtue of the Administrative Decision No. 1567 dated 1/6/2015
The Financial Audit Section undertakes the following specializations:
- Audit and review final certificates of payment and balance sheet of technical and consultancy service agreements prior to their approval by relevant bodies.
- Audit technical and consultancy service agreement guarantees, monitor their validity term and verify its extension on time.
- Compare the prices and categories stated in the completion lists according to which the certificates of payment were issued to the ones mentioned in the project contract; in addition to tracking the occurred discounts, fines, etc.
- Control and follow up on the consultancy service agreements and ensure completion of works (design work and supervision over implementation).
- Coordinate with the technical audit section in order to audit and review change and extension orders for technical and consultancy service agreements; embed these in certificates of payment (technically, financially), along with consequent time burdens; decide how far they are needed and ensure the approval of relevant entities is obtained.
- Verify that discount percentages are applied to the materials in accordance with the approved discount system, in order to avoid any mistakes during issuing the next certificates of payment, in coordination with the Quality Control Department.
- Participate, with the Financial Affairs Department and relevant sectors, in examining the notes from the Accounting Headquarters with relation to all projects and contracts, and give recommendations on avoiding such notes in the future.
- Monitor the approval of material used in all projects to ensure their compliance to what is stated in the contract documents, in coordination with related sectors and bodies, and corresponding with the required quality level.
- Compare expenditure financial ratios to the tender drawing and project budgets appropriated from funds, through periodic visits to projects in cooperation with the Coordination and Follow-up Section, and prepare necessary reports.
The Coordination and Follow-up Section undertakes the following specializations:
- Coordinate with different sectors to continuously evaluate contractor/consultant performance, evaluate periodic reports in coordination with the Consultant and Contractor Qualification Department, manage documents and contracts, create a database of needed information on contractor/consultant performance in coordination with relevant departments, and take appropriate action in response to the results of the periodic and final evaluation of contracts and agreements.
- Control and document quality; measure performance through field visit program; follow up on the implementation of works in the work sites of the projects of the Ministry; make technical and contractual observations; and file the necessary reports on them in coordination with relevant sections to ensure smooth and regular work progress and ongoing improvement of operations.
- Participate in examining the reports from monitoring bodies; and compile technical reports and technical/contractual opinions addressing the observations of the Accounting Headquarters and the government performance monitoring body, in coordination with relevant bodies.
- Create a database of technical and consultancy service agreement values and amendments in coordination with related entities.
- Prepare annual and monthly reports, data and statistics on the work flow based on the reports from different sector departments.
- Follow up on the correspondence related to the questions of the National Assembly members and the press, and reply to them in coordination with the relevant entities.
- Study and estimate the Sector needs of labor in coordination with the relevant entities; follow up on developing and training the Sector staff, which would promote efficiency and improve performance; as well as follow up on annual reports of the Sector staff in coordination with related departments.
Second: Specializations of Contracts and Documents Department:
The Contracts and Documents Department undertakes unifying the general contractual bases of the Ministry through unifying the general conditions and commitments of contracts in the different sectors. In addition, it takes in consideration the different natures of some procedures until such contracts and agreements are signed.
The Contracts and Documents Department comprises the following sections:
- Contract Section.
- Consultancy Agreements and Studies Section.
- Consultant and Contractor Qualification Section.
The Contract Section undertakes the following specializations:
- Prepare the Documents I and II from the documents of tenders and practices for all the Ministry projects listed in Chapter Four of the budget; review these documents if they are prepared by the consulting engineering offices; and prepare the documents of tenders and practices listed in Chapters Two and Three .
- Have the documents of tenders and practices reviewed by the Fatwa and Legislation Department after getting the opinion of the Legal Affairs Department, and make the necessary amendments.
- Complete the offering procedures, address the Central Tenders Committee regards this concern, and receive the contractor bids after opening of bid.
- Obtain the prior approval of the State Audit Bureau on contacting if the tender or practice reached the quorum for being under prior control, in coordination with the competent sectors.
- Complete the contract form after the issuance of the award decision.
- Prepare final version of the contracts and submit it for signature.
- Participate in updating the general (legal) and special conditions of the Ministry contracts.
- Save all the plans of the Ministry projects; follow-up the changes on such plans during implementation; adjust the plan borrowing and retrieval, supervise their safety in coordination with the different sectors; and manage, operate and maintain the devices used for saving such documents.
The Consultancy Agreements and Studies Section
- Review the technical documents (Document III) to ensure that it is consistent with Documents (I and II).
- Prepare the draft administrative decisions for forming the bid technical examination committees, and prepare the requirements of such committees for technical examination of accepted bids and the required recommendations.
- Coordinate with the competent sectors to compare the contractual part to the technical requirements and the terms of reference.
- Coordinate with the different sectors to evaluate the technical and financial proposals presented by the consultancy engineering offices, and follow them up with the Ministry of Planning.
- Prepare agreements and have it reviewed by the Fatwa and Legislation Department, after getting the opinion of the Legal Affairs Department, and make the necessary amendments.
- Obtain the prior approval of the State Audit Bureau on contacting if the tender or practice reached the quorum for being under prior control, in coordination with the competent sectors.
- Prepare the final version of agreements and submit it for signature.
- Have the prices of items that are not listed in contracts and agreements for the suggested change actions reviewed by the sectors before approval, in coordination with the Contract Accounting Department.
- Participate in updating the terms of consultancy agreements.
The Consultant and Contractor Qualification Section undertakes the following specializations:
- Prepare lists of contactors to invite them to participate in specified tenders, in coordination with the competent entities, and submit these lists for approval by the Undersecretary.
- Coordinate with the competent sectors to prepare lists of the consultancy engineering offices nominated to be invited for agreement.
- Participate in qualifying the contractors with regards to performance with the competent entities at the Ministry.
- Participate with the competent sectors in evaluating the performance of contractors and consultancy engineering offices during implementation; prepare the necessary reports; and notify the Central Tenders Committee and the Ministry of Planning, each with regards to their concern.
Third: Legal contract management:
The Legal contract management undertakes the following specializations:
- Provide legal review of technical contracts and consultancy agreements as per work requirements.
- Follow up on lawsuits arising from technical contracts and consultancy agreement.
- Provide legal advice on whatever is related to technical contracts and consultancy agreements; upon the request of the relevant sector.
The Legal Contracts Department comprises the following sections:
- Coordination and Lawsuit/Technical Contracts Follow-up Section.
- Legal Advisory Section.
The Coordination and Lawsuit/Technical Contracts Follow-up Section undertakes the following specializations:
- Receive, prepare and record all notifications and lawsuit announcements related to technical contracts, consultancy agreements, appeals and applications sent by the Fatwa and Legislation Department.
- Follow up on applications and lawsuits concerning technical contracts and consultancy agreements sent to the Fatwa and Legislation Department; and coordinate with related organizational units.
- Prepare and examine lawsuit statements of claim related to technical contracts and consultancy agreements to which the ministry is a party; prepare defense memorandums and documents in coordination with the relevant sector; attend expert management sessions in the Ministry of Justice; respond to inquires about such lawsuits in coordination with the relevant sector and before the general prosecutor.
- Coordinate with the Fatwa and Legislation Department to follow up on the judicial disputes related to technical contracts and consultancy agreements to which the Ministry is a party.
- Take judgment appeal proceedings and prepare notices of appeal to which the section is relevant.
- Coordinate with the Financial Affairs Department in implementing the definitive sentences issued in favor of and against the Ministry to which the section is relevant.
- Take all needed measures with respect to provisional and executive attachments, including: making financial claims, notifying the relevant entity of the Ministry of Justice, following up on related lawsuits before the relevant courts, and preparing the Ministry defense in coordination with the relevant sector and the Fatwa and Legislation Department.
- Follow up on the proceedings of implementing judicial judgments issued in favor of the Ministry in coordination with the relevant entities; and prepare a periodical statement on judgments implemented and those not implemented, the implementation obstacles, and ways to avoid them.
- Take all necessary measures with respect to ministry issued warning and performance orders to which the section is relevant.
The Legal advisory Section undertakes the following specializations:
- Provide legal opinion on all matters related to technical contracts and consultancy agreements; upon the request of the relevant sector.
- Provide legal opinion on claims set forth in technical contracts and consultancy agreements in accordance with the ministerial resolution No.5 of 2011 on rules and procedures for taking action on claims and any related decisions.
- Provide legal review of general and special terms of tenders, practices and contracts concluded by the ministry with other governmental parties as per work requirements.
- Present to the Fatwa and Legislation Department issues that need consensus or that are disputed due to clash of legal opinions within the ministry, with respect to consultancy contracts and agreements.
- Develop ministry perspective on contracts where there are conflicts with controlling or other bodies.
- Coordinate with different ministry sectors with respect to legal matters in contracts, tenders and practices.
- Prepare draft administrative and ministerial resolutions and circulars related to consultancy contracts and agreements, upon the request of the relevant sector and after the consent of the relevant authority has been obtained and its approval followed up.
- Provide advice on draft laws and regulations where ministry opinion is solicited by third parties, and respond to related inquiries.
