(1) Without prejudice to the penalties provided for by other control bodies, the Administration’s contracting partner shall be liable to the penalties listed in (2) below, on the decision of the Authority in charge of public contracts and after consulting the public contracts regulatory body, as applicable.
(2) 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.
(3) Pursuant to the provisions of Article 185 of this 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.
(4) 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.
Official text
Transcription: Spot-checked
In force from 20-06-2018
Source page 71
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 191 of the Public Contracts Code/akn/cm/act/decret/2018-06-20/2018-366
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