Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 102 : Dossier de la consultation architecturale
Official English translation
1 –The architectural consultation shall be the subject of a file drawn up by the project owner, which shall include : a) A copy of the notice of the architectural consultation; b) The architectural consultation programme; c) A copy of the architect’s draft contract; Decree on public procurement-No. 2-22-431-8 March 2023 93 d) The plans and technical documents, if applicable; e) The model of the act of commitment; f) The model of the declaration of honor; g) The architectural consultation regulations. 2 –The project owner sends the architectural consultation file to the members of the architectural consultation jury at least eight days before the date of publication on the public procurement portal in the case of open architectural consultation or the date of dispatch of the circular letter in the case of restricted architectural consultation. Members have a period of eight days from the date of receipt of the consultation file to send any comments they may have to the project owner. 3 –The architectural consultation files need to be available prior to publication of the notice of the open architectural consultation or the dispatch of the circular letter for the restricted architectural consultation, as the case may be, and made available to the architects from the first publication of the notice of the architectural consultation in one of the publication media referred to in Article 96 of this Decree until the deadline for submission of tenders. The open architectural consultation files can be downloaded from the public procurement portal. 4 –The names of architects who have withdrawn or downloaded the architectural consultation file shall be entered in the special register provided for in Article 4 of this Decree, with an indication of the date and time of withdrawal or downloading, as the case may be. 5 –The architectural consultation files are provided free of charge to architects, with the exception of plans and technical documents, the reproduction of which requires specific technical equipment. The fee for providing these plans and technical documents is set by order of the Minister of Finance. 6 –If, for any reason whatsoever, the architectural consultation file is not delivered to the architect or his representative who has come to the place indicated in the notice of the open architectural consultation or in the circular letter for the restricted architectural consultation , the project owner will provide him, on the same day, a certificate stating the reason why the file has not been delivered and indicating the day on which it is to be collected so that the architect can prepare his file. A copy of this certificate is kept in the contract file. If the file has not been delivered on the day fixed in the certificate issued to him, the architect may refer the matter, by registered letter with acknowledgement of receipt, to the hierarchical authority to which the project owner concerned reports, in the case of the State, public institutions and other legal entities governed by public law as referred to in article 2 of this decree or the governor of the prefecture or province or the wali of the region, as the case may be, in the case of local authorities, in order to explain the circumstances in which his request to obtain the aforementioned file was made and the response he has received. After ascertaining that the request is well-founded, the authority seized shall invite the project owner in writing to immediately provide the architect concerned with the consultation file and, if necessary, to postpone the date on which the bids are to be opened for a period at least equivalent to that between the date on which the request is made and the date on which the file is handed over to the applicant. Decree on public procurement-No. 2-22-431-8 March 2023 94 The notice of postponement is published on the public procurement portal and in two nationally circulated newspapers chosen by the project owner, one of which is in Arabic. 7 –Exceptionally, the project owner may make changes to the architectural consultation file without changing the subject of the contract. These changes are communicated to all architects who have withdrawn or downloaded the file and are included in the file made available to the other architects. These changes may be made at any time during the initial deadline for advertising and no later than seven days before the date of the bid opening session. After this deadline, the project owner must postpone the date of the bid opening session by means of a corrective notice. When the changes made to the architectural consultation file require the publication of a corrective notice, this shall be published in accordance with the provisions of paragraph 2 of article 96 of this decree. In this case, the bid opening session may only be held after the expiration of a minimum period of ten days from the day following the date of publication of the corrective notice in the latest publication medium, without the date of the new session being earlier than that provided for in the initial advertising notice. In all cases, the deadline for advertising provided for in paragraph 2 of Article 96 of this Decree must be respected. Competing architects who have withdrawn or downloaded the architectural consultation file must be informed of any changes that have been made and of the new date for the opening of bids, if applicable. In addition to the cases provided for in paragraphs 6 and 8 of this article, the corrective notice is issued in one of the following cases: a) When the project owner makes changes to the architectural consultation file without complying with the seven-day time limit set out above ; b) When the project owner decides to make changes to the architectural consultation file and these changes require additional time for the preparation of tenders; c) To correct manifest errors in the published notice; d) When the project owner finds, after publication of the notice that the period between the date of publication of the notice and the date of the bid opening session does not comply with the required deadline for advertising. 8 –If one of the competing architects considers that the period provided for in the advertising notice for the preparation of bids is insufficient, given the complexity of the services to be provided, he may, during the first half of the deadline for advertising, ask the project owner, by letter sent by any means capable of giving a certain date, to postpone the date of the bid opening session. The architect's letter must contain all information necessary for the project owner to assess the merits of his request for postponement. If the project owner acknowledges the merits of the competing architect's request submitted to him, he will postpone the date of the bid opening session. Decree on public procurement-No. 2-22-431-8 March 2023 95 The postponement, the duration of which is left to the discretion of the project owner, is the subject of a corrective notice which is published in the same form as the notice of the architectural consultation. The opening date for bids may be postponed for this reason only once, regardless of which architect requests the postponement. Architects who have withdrawn or downloaded the architectural consultation files will be informed by the project owner of this postponement.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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Essayer Soumize gratuitementB.O. n° 7184 du 6 avril 2023. Texte reproduit à titre d'information ; seule la publication au Bulletin officiel fait foi.