Morocco’s National Commission for Public Procurement has recognized the use of WhatsApp as a legitimate means of service notification in public contracting procedures, provided it fulfills the intended purpose, despite not being among the officially recognized channels.
The opinion, issued in June and made public this week, was delivered in response to a complaint filed by a company contesting the forfeiture of its provisional guarantee in a university-awarded public works contract.
The firm argued that the service order was unlawfully communicated via WhatsApp, and that it should therefore be reimbursed its guarantee after failing to submit a decennial liability insurance certificate.
The university countered that the service order had been transmitted via the official e-procurement platform, email, and WhatsApp.
The complainant had downloaded, signed, and returned the order on the same day it was received via WhatsApp, effectively acknowledging receipt. The commission ruled that the notification’s objective had thus been met.
The company also cited a missed 60-day deadline following the envelope opening and a lack of insurance coverage, arguing that no extension of bid validity was requested. It claimed it was unable to secure insurance because the works were considered secondary and not eligible for decennial coverage under standard administrative clauses.
In its analysis, the commission clarified that the forfeiture of a provisional guarantee is unrelated to the method of notification, and that receipt of the service order, even if via WhatsApp, was not disputed by the firm.
The requirement for decennial insurance was deemed legally inapplicable, as the contract did not pertain to insurable structural works.
The ruling, while not setting formal precedent, signals a pragmatic stance toward evolving communication methods in Moroccan public procurement, particularly in disputes involving digital evidence of acknowledgment.
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