Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 12 : Dialogue compétitif
Official English translation
I) Competitive dialogue is the procedure whereby the project owner engages in dialogue with the candidates admitted to take part in it, with a view to identifying or developing solutions that meet his needs. Decree on public procurement-No. 2-22-431-8 March 2023 13 It covers complex or innovative projects for which the project owner is not in a position to define, by his own means, the technical conditions for their implementation and the related legal and financial arrangements. II) The competitive dialogue procedure is organised in three successive stages as follows: A. Call for competition: During this stage, the project owner : – Publishes a notice of the call for competition for the competitive dialogue in accordance with the conditions set out in Article 50 of this Decree. However, the period between the date of publication of the notice and the deadline for receipt of applications may not be less than fifteen days; –Draws up the consultation regulations for the competitive dialogue in accordance with the provisions of article 21 of this decree; –Establishes a functional programme defining the nature and extent of the needs to be met and the objectives to be achieved. This programme is made available to the competitors. The application files, drawn up in accordance with the provisions of 1 of A and B of II) of Article 53 of this decree, are submitted or handed in by the competitors under the conditions set out in Article 54 of this decree. Candidates are admitted to take part in the competitive dialogue under the conditions and in accordance with the procedures set out in articles 56 and 57 of this decree, by a commission set up in accordance with article 55 of the same decree. The project owner will inform candidates who have not been accepted by registered letter with acknowledgement of receipt. Subject to the provisions of the last subparagraph of paragraph A of this article, the project owner informs the admitted candidates in the same way and invites them to take part in the competitive dialogue within a time limit that he sets. The detailed functional programme and the draft special specifications book will be given to the admitted candidates by the project owner. The number of candidates admitted to take part in the competitive dialogue may not be less than two. Failing this, the project owner ends the procedure and informs the admitted candidate, if any. B. Conduct of the competitive dialogue : 1 –During this stage, the project owner initiates the competitive dialogue with each of the candidates admitted to submit a tender. The competitive dialogue takes place in successive phases, with the submission of bids containing the solutions proposed by the candidates in each phase. Throughout all phases of the competitive dialogue, the project owner is assisted by at least two representatives of his administration, one of whom comes from the department concerned by the service that is the subject of the competitive dialogue. The project owner can discuss all aspects of the project with the admitted candidates, including in particular the legal, technical and financial aspects. Decree on public procurement-No. 2-22-431-8 March 2023 14 Each candidate is heard in strict compliance with the principle of equal treatment of competitors provided for in Article one of this Decree. The project owner may not provide candidates with information that could give them a competitive advantage over other candidates. Nor may he reveals to other candidates the solutions proposed or the confidential information communicated by a candidate as part of the competitive dialogue, without the candidate's formal agreement. The project owner continues the dialogue with the candidates in the running until he is able to identify the solution(s) likely to meet the needs defined in the functional programme. At the end of the discussions held with each candidate, a report is drawn up and signed jointly by the project owner and the candidate. The project owner may request clarifications or details concerning the solutions proposed by the candidates, without these clarifications or details having the effect of modifying the basic features of the tender or the essential characteristics of the special specifications book. At the end of the competitive dialogue phases, only the solutions which best match the criteria set by the project owner in the functional programme will be selected. In this case, minutes are drawn up, listing the candidates selected and those excluded. An extract from these minutes is given to the commission responsible for opening and examining tenders. 2 –When the competitive dialogue comes to an end, the project owner informs the candidates who have participated in all the phases of the competitive dialogue by registered letter with acknowledgement of receipt. The project owner sets out the final clauses of the special specifications book, which he gives to the admitted candidates and invites them, on the same day and in the same way, to submit their tenders, within a set time limit, which may not be less than thirty days from the date on which the invitation letter is sent, and informs them of the place where the tenders are to be submitted and the date on which they are to be opened and examined. These tenders must include, in addition to the initialled and signed special specifications book, the candidate's financial offer. 3 –The project owner draws up a comprehensive and detailed report on the progress and content of the discussions he had with the candidates and the choices he made. This report is signed by the project owner and the representatives of the administration referred to in 1 of B of this article. It is kept in the contract file. C. Results of the competitive dialogue : During this stage, the commission referred to in A of II) of this article opens and examines the tenders submitted by the candidates in accordance with the provisions of article 42 and articles 45 to 48 of this decree. This commission then evaluates and ranks the financial bids submitted by the candidates and proposes to the project owner that the lowest bid be selected. Decree on public procurement-No. 2-22-431-8 March 2023 15 The consultation regulations for the competitive dialogue may provide for the granting of bonuses to the candidates whose bids are ranked highest, up to a limit of three candidates. The amount of the bonus granted to the holder is deducted from the sums due to him under the contract.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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