PENALTIES APPLICABLE TO PRIVATE SECTOR ACTORS
Without prejudice to the penalties provided for by other control bodies, the Administration’s contracting partner shall be liable to the penalties listed below, on the decision of the Authority in charge of public contracts and after consulting the public contracts regulatory body, as applicable.
The following penalties may be imposed and, concurrently, as the case may be:
(a) Confiscation of guarantees provided by the offender in the case of challenged bidding procedures;
(b) Debarment from public procurement for a specific duration depending on the gravity of the offence committed;
(c) Withdrawal of their grading certificate.
Pursuant to the provisions of Article 185 of the code, debarment from public procurement may not exceed 2 (two) years. In case of further breach of public contracts regulations by the same natural or corporate body, the competent courts may declare permanent debarment.
The public contracts regulatory body shall periodically draw up a list of natural persons or corporate bodies debarred from participating in public procurement. The list shall be updated regularly and published in the Public Contracts Logbook of the public contracts regulatory body.
Any contracting partner of the Administration found guilty of violating hygiene, health, safety and environmental protection measures shall be liable to the penalties provided for by the laws and regulations in force, without prejudice to termination, banning from bidding and/or deduction on payments imposed after a formal notice.
The Authority in charge of public procurements may, as a precautionary measure, take a decision to ban any bidder or the Administration’s contracting partner from bidding for a period not exceeding 2 (two) years for influence peddling, conflict of interest, insider trading, complicity, fraud, corruption or production of fraudulent documents in his bid, without prejudice to the criminal proceedings that could be initiated against him.
PENALTIES APPLICABLE TO PUBLIC SECTOR ACTORS
The Authority in charge of public contracts may take a decision banning public sector actors found guilty of violating the provisions of this code from participating in public contracts award and execution monitoring for a period not exceeding 2 (two) years.
Tenders board and bid evaluation sub-committee chairpersons, members, secretaries and experts, as well as independent observers and contracts control committee chairpersons and members shall be bound by professional secrecy.
In the event of established failure in the discharge of their duties, they may be excluded from the public contract system for a period not exceeding 2 (two) years, without prejudice to the penalties provided for by the laws and regulations in force.
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