Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 152 : Mesures coercitives
Official English translation
In the event of the submission of an inaccurate declaration of honor or falsified documents, or where fraudulent or corrupt acts, repeated breaches of working conditions or serious breaches of contractual commitments have been found to be attributable to a competitor, successful tenderer or holder, as the case may be, sanctions or one of them only, without prejudice, where appropriate, to legal proceedings, shall be imposed: a) By a decision of the government authority concerned, taken after obtaining the opinion of the National Commission for Public Procurement, the temporary or permanent exclusion of the competitor concerned from participation in contracts launched by the departments under its authority and/or in the contracts of the public institutions under its supervision; b) By a decision of the president of the legislative body of the legal entity governed by public law referred to in article 2 of this decree, after obtaining the opinion of the National Commission for Public Procurement, the temporary or permanent exclusion of the competitor concerned from participation in contracts launched by the departments reporting to the said legal entity; The exclusion measure provided for in a) above may be extended to contracts launched by all State administrations and public institutions by a decision of the Head of Government, taken on a proposal from the Minister concerned and after obtaining the opinion of the National Commission for Public Procurement. c) By decision of the Minister of the Interior, taken after obtaining the opinion of the National Commission for Public Procurement, the temporary or permanent exclusion of the competitor concerned from participation in contracts launched by local authorities. This exclusion measure may be extended to contracts awarded by the State, public institutions and other legal entities governed by public law, by decision of the Head of Government, taken on a proposal from the Minister of the Interior and after obtaining the opinion of the National Commission for Public Procurement. d) By decision of the competent authority, the termination of the contract, whether or not followed by the award of a new contract, at the expense and risk of the holder. Excess expenses resulting from the award of a new contract after its termination is deducted from any sums that may be due to the defaulting holder, without prejudice to any rights to be exercised against him in the event of a shortfall. Any reductions in expenditure remain the property of the project owner. Decree on public procurement-No. 2-22-431-8 March 2023 128 In the cases provided for in a), b) and c) above, the competitor, the successful tenderer or the holder, who are notified of the complaints against them, are invited in advance to submit their observations within the time limit set by the project owner. This time limit may in no case be less than fifteen days. The decisions provided for in a), b) and c) must be motivated, notified to the competitor, the successful tenderer or the defaulting holder, as the case may be, and published on the public procurement portal.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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Essayer Soumize gratuitementB.O. n° 7184 du 6 avril 2023. Texte reproduit à titre d'information ; seule la publication au Bulletin officiel fait foi.