The authority of the administration in exclusion and deprivation in the Palestinian legislation

Abstract

The principle of free competition is one of the principles governing the process of concluding administrative contracts. However, this principle is not absolute. Rather, some exceptions are made to it, including the exception related to deprivation and exclusion of the contractor if one of the cases of deprivation and exclusion is available to him. The administration exercises its power in exclusion and deprivation in most cases in accordance with the cases stipulated in the law for exclusion and deprivation. It also enjoys the discretionary power in deprivation and exclusion if it deems that the requirements of the public interest and the protection of public money require the exclusion and deprivation of the tenderer. However, the authority of the administration in deprivation and exclusion is not an informed one as it is oversighted in its exercise to control in its administrative and judicial aspects.