MANDATORY TERMINATION OF ADMINISTRATIVE CONTRACTS DUE TO CHEATING IN LIGHT OF THE SAUDI GOVERNMENT TENDERS AND PROCUREMENT LAW (AN ANALYTICAL STUDY)

Abstract

This research addresses the subject of the mandatory termination of administrative contracts due to cheating (Ghash) in light of the Saudi Government Tenders and Procurement Law (GTPL). The study adopted an analytical methodology and is structured into an introduction, two main sections, and a conclusion. The first section defines the research terminology, and the second examines the legal nature and conditions of mandatory termination for cheating. The study concludes with several findings, the most important of which is that the Saudi legislator stipulated in the GTPL the mandatory termination of the administrative contract if it becomes evident to the government entity that the contractor obtained the contract through cheating or practiced it during its execution. This applies even if cheating has not been proven before the judicial authorities, a measure deemed preferable. Furthermore, the legal nature of the administration's authority regarding the mandatory termination of the administrative contract for cheating is considered a bound (restricted) authority. The research offered recommendations, including holding periodic specialized seminars in the field of administrative contracts generally, and their termination specifically, and proposing specialized scientific studies on administrative contract topics within the GTPL due to its recent issuance.