NobleBlocks

Research indexJournal article

عقد الخدمات الاستشاریة العامة

إسماعیل

مجلة البحوث الفقهية والقانونية1 Oct 2021Open access

NobleIDark:/48914/w1/20260526/9D6D9077DOI10.21608/jlr.2021.200485

Abstract

This research aims to Legal Rooting of the General Consulting Services Contract, and statement regulation Legal for this contract, And stand on the provisions that pertain to it and distinguish it from other administrative contracts, In addition to guarantees of its conclusion and implementation with integrity and transparency, It has followed the rooting, analytical, and historical approach; Through this research, reached a set of results, which are summarized in the following: The more accurate term for the contract in research is: "General Consulting Services Contract." Its importance is manifested in overcoming the difficulties and solving the complications facing the administration, avoiding wasting public time and funds in unthought practices, developing work, raising the level of quality, and enhancing the impartiality and democracy of administrative work. One of the characteristics of this contract is that it is one of the so-called administrative contracts, relatively recent in origin, as it is a professional contract, in which the importance of the personal consideration of the contractor with the administration increases, The management enjoys a great discretion that is limited only by the non-abuse of the authority in verifying the extent to which the consultant fulfills the requirements of good reputation, technical competence and financial solvency, which are the conditions for the beginning and continuation , The legislator has identified some original and exceptional methods for selecting the consultant that are commensurate with the nature of the consultancy services contract, although following the two-stage tender method achieves the administration's technical and financial interest. It is considered one of the basic steps in concluding the consultancy services contract: the administrative authority determines the required consultancy ) ( service, then determines its estimated value, obtains the necessary financial credits for it, then submits the brochure of conditions and specifications, then bidders submit their bids during the specified period, and then evaluate the bids. In a manner that is determined according to the method followed in selecting the applicant, and finally, the winning bidder pays the final insurance, The nature of the consulting services requires that the management's control over the consultant stops at the narrow meaning of control, and that the amendment in the contract is limited by the will of the single management to the limits that do not negatively affect the outputs of the consulting service provided from a technical point of view. It is considered one of the most important rights of the consultant contracting with the management: obtaining the wage, preparing the requirements and facilities of the contract, and the management's failure to receive it. Among its most important obligations: providing advisory service, providing insight into the management, adhering to integrity and transparency, maintaining confidentiality, and avoiding conflicts of interest.

Discussion

Topics

More

Suggest a correction or report