الجزاءات المالية المترتبة على النكول في المناقصات و المزايدات الحكومية

Abstract EN

The administration seeks through public tenders and auctions to obtain the best applicants for it in order to contract with them to run its public facilities, and then forcing the tenderer or bidder to complete the contract with the administration without any reason is a breach of his legal obligation stipulated in the general rules in contracting, in addition to the special conditions For the tender or auction, and then this breach leads the administration to impose a penalty against the principal by imposing types of penalties that differ according to the method of contracting.

Participating in the tender or bidder, or collecting compensation for the damage caused to it as a result of the obstruction by including it the difference between the value of the bid or the offer he offered and what was referred to him later due to his failure, as the administration imposes those penalties by its own will, derived from its public authority and its privileges that Including direct implementation without resorting to the judiciary, as well as sometimes it imposes it even if it does not suffer harm.