MOROCCO. Considering the state of health emergency and containment measures as cases of force majeure

The Ministry of Economy and Finance has decreed five measures to prevent companies from paying penalties for delays in the performance of public contracts.

As part of the actions taken to fight the pandemic of the new coronavirus (Covid-19), the Ministry of Economy, Finance and Administrative Reform announced on Tuesday the establishment of a series of measures aimed at preventing companies holding public contracts from incurring penalties for delays in performance which are not attributable to them. It is, among other things, to consider the impact of the state of health emergency and the measures of confinement of people on the execution times of contracts as being independent of the will of companies holding public contracts, falling under , therefore, cases of force majeure, said the same source in a press release.

The ministry also invites project owners from state administrations, local authorities and public establishments and other bodies subject to state financial control to give a favorable response to requests from companies claiming force majeure due state of health emergency and containment measures taken by the public authorities, without taking into account the 7-day deadline for submitting requests for the species. It is also a question of extending, by means of an amendment, the contractual deadlines for both works contracts and those for supplies and services, within the limit of the duration of the state of health emergency, said the press release.

In addition, the ministry invites project owners to also use, if necessary, the mechanisms for postponing the execution of works, supplies or services or stop and restart service orders, within the limit the duration of the state of health emergency, reminding the various parties involved in public procurement of the need to favor, during the period of health emergency, the use of electronic exchange in its various forms, vouchers and documents rather than paper.

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