EXCEPTIONAL MEASURES TO MITIGATE THE IMPACT OF RISING PRICES AND THE SCARCITY OF RAW MATERIALS ON CONTRACTUAL COMMITMENTS RELATING TO PUBLIC PROCUREMENT

09/06/2022

The Moroccan government has published the circular No. 09/2022 dated April 18, 2022, relating to the adoption of exceptional measures to mitigate the impact of rising prices and the scarcity of raw materials on contractual commitments relating to public procurement to deal with the current crisis due to the international context.

Said circular put in place the following measures:

1. Regularization of execution deadlines for ongoing contracts,
2. Refund of late penalties for delay,
3. Possibility of termination of ongoing contracts without confiscation of financial guarantees,
4. Settlement of disputes arising from the application of late payment penalties and termination decisions with confiscation of financial guarantees,
5. Price re-pricing of works contracts,
6. Acceleration of the settlement of sums due to contract holders,
7. Liquidation of overdue contracts and return of financial guarantees to holders,
8. Management of difficulties hindering the execution of contracts in progress concluded before or after the publication of the said circular.

The Ministry of the Interior of Morocco, by a memorandum n° 7569 of May 5, 2022, has extended the application of the above measures to local authorities (collectivités locales), while issuing guidelines to ensure their implementation.

A central committee chaired by the Public Finances Department (State Finance Division) and made up of representatives of the Departments concerned by these measures has been established at the level of the headquarters of the General Treasury of the Kingdom, with the main mission of providing the advice and assistance to public accountants and to monitor the implementation of the measures taken.

All requests for advice, information or difficulties related to the implementation of the prescriptions of the circulars must be sent to the committee via the e-mail addresses below: modtafa.beghdi@tgr.gov.ma; mohamed.mesmoudi@tgr.gov.ma, abderrahim.obaid@tgr.gov.ma; mohamed.azzouzi@tgr.gov.ma

 

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