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
Spot-checked
In force from 12 June 2018
Source page 33