Agenda

MOROCCO: DELAYS IN THE EXECUTION OF PUBLIC CONTRACTS DUE TO THE STATE OF HEALTH EMERGENCY SHALL BE CONSIDERED AS CASES OF FORCE MAJEURE

16/04/2020

 

Further to the last meeting held by the EWC, the Moroccan ministry in charge of finance has published a circular note in the purpose of avoiding companies holding public contracts from incurring penalties for delays in execution which are arising from the actions taken in the fight against the coronavirus pandemic.

Therefore, the measures below have been introduced:

  • The impact of the state of health emergency on contracts execution deadlines shall be considered as being beyond the control of companies holding public contracts, thereby falling under force majeure;
  • Invite project owners from state administrations, local authorities, public establishments and other public bodies, to give a favorable response to requests from companies invoking force majeure due to the state of health emergency measures taken by the public authorities, without taking into account the 7-days deadline for the submission of such requests;
  • Extend, by means of an amendment, the contractual deadlines for both works contracts and supply and service contracts, within the limit of the duration of the state of health emergency;
  • Invite project owners to also use, if necessary, the mechanisms for postponing the execution of their current contracts, within the limit of the duration of the state of health emergency;
  • Remind the different parties involved in public procurement of the need to prioritize, during the period of health emergency, the use of electronic tools to exchange supporting documents.