Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 11 : Marché de conception-réalisation
Official English translation
A design-build contract is a single works contract concluded with a service provider or a group of service providers whose purpose is to: –Either design the project and perform the works ; –Design, perform and deliver a complete installation. The project owner may use a design-build contract when it appears that : –The implementation of the project requires, from the outset, an association between the designer and the service provider ; –The subject of the contract is a specific type of infrastructure project or special services requiring special innovative procedures and closely integrated manufacturing processes. The design-build contract contains a commitment to improve energy efficiency. The design-build contract is awarded by way of a competition in accordance with the provisions of section II of chapter IV of this decree. The project owner uses his own resources or those of the project management assistance to plan and coordinate the work of the designer and the service provider, to check that the contractual commitments entered into by the service provider are met and to monitor the proper implementation of the services covered by the contract. The procedures for coordination and control provided for in the previous paragraph are set out in the design-build contract. The use of the design-build contract is subject to: –Obtaining prior permission from the Head of Government, after obtaining the opinion of the National Commission for Public Procurement, for contracts awarded by the State, public institutions and other legal entities governed by public law as referred to in article 2 of this decree ; –Obtaining prior permission from the Minister of the Interior, after obtaining the opinion of the National Commission for Public Procurement, for contracts awarded by local authorities. At the end of the design-build contract, the project owner concerned draws up an evaluation report covering, in particular, compliance with the authorisation granted, assessment of the results obtained and, where applicable, identification of any constraints encountered. This report is forwarded to the Head of Government by the Minister concerned or to the Minister of the Interior by the authorising officer of the local authority concerned.
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.