Procedures established in breach of the rules of fair competition, equity in the treatment of applicants, transparency, and fair pricing in contracts shall give rise to the following sanctions decided by the Board Chair without prejudice to the sanctions stipulated under the laws and regulations in force:
- cancellation of the procedure;
- re-run of the procedure;
- suspension of the procedure.
Perpetrators of such violations shall be liable to the following sanctions, to be taken by a resolution of the Board of Directors:
- suspension of the Contracting Authority’s power to award contracts for a duration of not more than 24 (twenty four) months. As a consequence, the Board of Directors shall designate an official within the company to assume the role of the Contracting Authority during the period of suspension;
- disqualification from occupying the office of Chairperson, member and secretary within Public Tenders Boards;
- banning of the chairperson, members and rapporteurs of Sub-Committees for Evaluation of bids from taking part in public contract awarding activities;
- banning of companies from applying for public contracts for a period of not more than 24 (twenty four) months.
In any case, a copy of every sanctioning decision shall be forwarded to the Authority in charge of public contracts, the body in charge of the regulation of public contracts, and the Contracting Authority involved.
Official text
Transcription: Spot-checked
In force from 12-06-2018
Source page 33
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 101 of the Decree No. 2018/355 on common rules applicable to contracts by public corporations/akn/cm/act/decret/2018-06-12/2018-355
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