Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 107 : Ouverture des plis en séance publique
Official English translation
1 –The architects’ bid opening session is public. It is held at the place, on the day and at the time provided for in the notice of the architectural consultation or in the circular letter. If this day is declared a public holiday or non-working day, the meeting will be held on the following working day at the same time. The president of the jury opens the architects' bid opening session. 2 –He invites the architects present who have not submitted their bids to hand them over to him immediately. He then invites the competing architects who have discovered that their bids are incomplete to submit the missing documents in a sealed envelope marked « missing documents » and finalises the list of envelopes received. No envelopes or additional documents may be submitted or withdrawn after this formality has been completed. Decree on public procurement-No. 2-22-431-8 March 2023 98 3 –The president of the jury opens the session and ensures that the members whose attendance is mandatory are present. In cases where one or more members, whose attendance is compulsory, is/are absent, the president shall invite the members present at the bid opening session to initial, at the same time, the envelopes received, the flaps and the parts to which they are affixed. These envelopes must remain closed and kept in a safe place by the president of the jury until they are opened. 4 –In cases where one or more members, whose attendance is compulsory, is/are absent, the president postpones the bid opening session for forty-eight hours and informs the competing architects and members of the jury of the place, date and time scheduled for resuming the public bid opening session. He then asks the project owner to send a letter to the absent member(s). This letter must specify the place, date and time of the new bid opening session. In cases where one or more members, whose attendance is compulsory at the new session, other than the administration's architect, is/ are absent, this session shall be validly held. If the administration's architect is absent, the president will postpone the session in the same way. If the administration's architect is not present at the new session held following the postponement referred to above, this one shall be validly held. Afterwards, or when the session resumes if it is postponed, the president announces aloud the references of the newspapers in which the notice of the open or simplified architectural consultation has been published, the date of its publication on the public procurement portal and, where applicable, the other media in which it has been published or the references of the circular letter for the restricted architectural consultation. 5 –The president asks the members of the jury to express any reservations or observations they may have regarding any defects in the procedure. When the president is satisfied that the reservations or observations made are well-founded, he ends the procedure, under his responsibility, and loudly informs the competing architects present. If, on the other hand, the president considers that the reservations or observations made are unfounded, he decides, under his responsibility, to continue the procedure and to record them in the minutes of the session. The president opens the competing architects' envelopes and checks the existence of the three envelopes provided for in article 104 of this decree. For each architect, the president opens simultaneously the envelope marked « administrative file » and the envelope containing the « technical proposal ». He then announces aloud the documents contained in each envelope. He also reads out the rough estimate of the overall cost of the works proposed by each competing architect. Decree on public procurement-No. 2-22-431-8 March 2023 99 6 –The members of the jury shall, initial this rough estimate and the envelopes containing the architects' financial proposals, the flaps and the parts to which they are affixed. 7 –These envelopes must remain closed and kept in a safe place by the president of the jury until they are opened in accordance with the conditions set out in article 109 below. The president sets, in consultation with the members of the jury, the date and time for the resumption of the public session and informs the competing architects and the public present. Once this formality has been completed, the public session is closed and the competing architects and the public leave the room. At the end of this session, the president asks the project owner to post the notice stating the date and time of the next public session on his premises. The architectural consultation jury meets behind closed doors, after examination of the documents in the administrative file, the latter excludes: a) Architects who do not meet the requirements laid down in Article 99 of this Decree ; b) Architects who have not complied with the requirements of paragraph 2) of Article 104 of this Decree with regard to the submission of their files; c) Architects who have not produced the required documents in the administrative file; d) Architects who are represented by the same person in the same contract; e) Architects who are not eligible to tender. When the jury finds material errors or discrepancies in the documents of the administrative file, it will admit the tender of the architect or architects concerned, subject to the introduction of the necessary rectifications in accordance with the conditions set out in paragraph 6 of Article 110 below. The jury then draws up the list of : –Admitted architects; –admitted architects, subject to the introduction of the necessary rectifications of any material errors or discrepancies in the documents of their administrative files; –Architects not admitted.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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