Exceptional conditions related to management privileges before contracting with them (concluding the contract stage)

Abstract

When submitting an offer to bid until the tender is awarded, the will of the administration meets the bidder. However, these contractors are not on equal footing when exchanging offers and acceptance because the administration enjoys privileges as a public authority vis-à-vis the contractor. The exceptional clause in the administrative contract is of great importance because the administration resorts to the methods of public law and grants the administration the privileges of public authority. Administrative contracts agree with civil contracts in that they arise from the agreement of two wills, but the administration enjoys privileges and rights during the conclusion of administrative contracts that the contracting party does not enjoy. , Even at the stage of concluding the contract, such as the administration’s right to deprive and exclude, and the administration’s authority not to contract and cancel the tender, and that these conditions are exceptional and uncommon in individual contracts, and these conditions are evidence of the administration’s intention to adopt common law methods in the administrative contract, The administration has the authority to deprive and exclude, in exception to the principle of freedom of competition and equality between competitors, and this is due to the idea of ​​public authority, since deprivation is the most important manifestation of public authority at the stage of contract formation. The administration has the authority not to contract and cancel the tender. The decision to refer the tender is a discretionary authority for the administration to contract or Not thereof.