Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 13 : Offre spontanée
Official English translation
1 – Any contractor, supplier or service provider may, on his own initiative, propose to the project owner any project, idea or operation presenting new functionalities, new services or technical innovations and meeting a potential need that the project owner has not previously identified. A bid that has been the subject of a call to tender cannot be qualified as an spontaneous bid A spontaneous bid cannot relate to a project for which the studies have been carried out by the project owner, except in the case where it turns out that these studies have become obsolete. 2 –The project owner makes a preliminary assessment of the proposal made by the spontaneous bidder. If the project owner decides to follow up on the spontaneous bid, he will first draw up a functional programme of needs, before launching a call to tender to carry out the project, idea or operation that is the subject of the spontaneous bid. 3 –The project owner may not use the negotiated procedure to contract with the spontaneous bidder, except where the spontaneous bid is based on a specific technology that only the spontaneous bidder possesses or master, and where there is no other alternative for satisfying the project owner's needs. 4 –After drawing up the functional programme of needs referred to above, the project owner launches a call for competition. To this end, he prepares a tender dossier on the basis of the proposals submitted by the spontaneous bidder, who must specify, in writing, to the project owner the confidential data that may not, under any circumstances, be disclosed. The spontaneous bidder may, as well as other competitors, take part in the tendering procedure launched in accordance with the provisions of this decree. When he participates, he benefits from a margin of preference in the form of a bonus of between five percent (5%) and ten percent (10%) of the overall score of the bid. The procedures for applying the margin of preference to be granted to the spontaneous bidder taking part in the tendering procedure are set out in the consultation regulations. 5 –The assessment of competitors' bids is based in particular on the following aspects : –The overall coherence of the project and its compatibility with the mission assigned to the project owner; –The quality and relevance of the technical solutions proposed; –The cost-benefit analysis of the project; –Competitiveness and job creation potential; Decree on public procurement-No. 2-22-431-8 March 2023 16 –Technology transfer arrangements; –The quality of the proposed contractual and financial arrangements. Competitors' bids are evaluated and judged in accordance with the terms and conditions set out in article 144 of this decree. 6 –The consultation regulations provide for a bonus to be awarded to the spontaneous bidder in one of the following cases: –if the spontaneous bid is accepted and the tenderer does not take part in the call for competition; –If the spontaneous bidder participates in the call for competition, but he is not awarded the contract; –If it is declared the successful tenderer. In this case, the amount of the bonus granted is deducted from the sums due to him in his capacity as holder under the contract. Section II. –Contract prices
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.