(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
Spot-checked
In force from 20 June 2018
Source page 71