Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 133 : Recours à la consultation architecturale
Official English translation
I) Principles 1 –The negotiated architectural consultation is a method of awarding contracts whereby a negotiation jury, set up for this purpose, selects the successful tenderer after consulting one or more competing architects and negotiating the terms of the contract. These negotiations especially concern the rates of fees and the deadlines for carrying out the service. They may not, under any circumstances, relate to the subject of the negotiated architectural consultation or to the programme drawn up by the project owner. 2 –The members of the negotiation jury are appointed by the project owner. This jury, chaired by the project owner or his deputy, is made up of two representatives from the project owner's organisation, one of whom is an architect. However, if this organisation does not have an architect, the project owner will call on an architect from any other administration, in an advisory capacity. The negotiation jury may call on any expert it deems useful to contribute to its work Decree on public procurement-No. 2-22-431-8 March 2023 114 When the negotiation jury decides to consult an expert, the president of the jury asks the project owner to convene the expert concerned to take part in the work of the jury or sub- commission. 3 –Any competing architect must provide, at the time of his application, an administrative file consisting of all the documents provided for in article 100 of this decree. 4 –A report on the negotiations is drawn up and signed by the members of the negotiation jury. This report is attached to the contract file. This report must, in particular, include the list of the architects consulted, those who have submitted bids and those with whom negotiations were entered into, the subject of these negotiations, the evaluation of their technical proposals, the amounts of their bids and the reasons for the choice of the selected architect. 5 –The conclusion of the negotiated architectural consultation contract shall give rise to the drawing up, by the project owner, of an administrative certificate relating to the head of exception justifying, according to this procedure, the conclusion of the contract and explaining, in particular, the reasons that, in this particular case, led to its application. 6 –The competent authority may, by reasoned decision, terminate the negotiated procedure at any time. This decision is placed in the contract file. II) Cases of recourse to the negotiated architectural consultation: Negotiated architectural consultation contracts are awarded : –Either after publication and competitive tendering; –Or without publication and competitive tendering. Negotiated architectural consultations with prior publicity and competitive tendering are awarded in accordance with the provisions of paragraph III) of this article. Negotiated architectural consultations without prior publicity and competitive tendering are awarded following negotiation of the terms of the contract by the negotiation jury with the architect or architects consulted. These negotiations shall be the subject of the report referred to in subparagraph 4 of paragraph I) of this article. 1 –The following services may be the subject of a negotiated architectural consultation after publication and competitive tendering: a) Services that have been the subject of a negotiated architectural consultation that has been declared unsuccessful. In this case, the initial conditions of the architectural consultation must not be modified in any way and the period between the date on which the procedure was declared unsuccessful and the date of publication of the negotiated architectural consultation notice must not exceed twenty-one days; b) Services that the project owner arranges for another architect to carry out under the conditions set out in the original contract, following the default of his contractor. 2 –The following services may be the subject of a negotiated architectural consultation without publication and competitive tendering: Decree on public procurement-No. 2-22-431-8 March 2023 115 a) Services that the needs of national defence or public security require to be kept secret. Such consultations must first be authorised, on a case-by-case basis, by the Head of Government on the basis of a special report drawn up by the competent authority concerned; b) Services to be carried out in cases of extreme urgency resulting from circumstances unforeseeable by the project owner and for which he is not responsible, and whose execution is not compatible with the deadlines required for prior publicity and competitive tendering. The purpose of these services is to deal with, in particular, a shortage or the occurrence of a catastrophic event such as an earthquake, floods, tidal wave, drought, epidemic, pandemic, epizootic, devastating plant diseases, locust invasion, fire, or buildings, dilapidated dwellings and structures threatening ruin, or the occurrence of an event endangering the security of networks and installations or the health of the consumer or animal or natural heritage. Contracts for these services must be strictly limited to the requirements necessary to deal with the emergency situation. III) Terms of the negotiated architectural consultation after publication and competitive tendering: 1 –The negotiated architectural consultation after publication and competitive tendering shall be the subject of a notice of the call for competition published in at least one nationally circulated newspaper chosen by the project owner and on the public procurement portal. At the same time, this notice may be brought to the attention of potential architects and, where appropriate, professional bodies, by inserting it in specialised publications or by any other means of advertising. 2 –The advertising notice shall specify : –The subject of the contract; –The project owner carrying out the negotiated architectural consultation; –The address and office of the project owner where the contract file may be collected; –The documents to be provided by architects; –The address and office of the project owner where architects' bids may be submitted or addressed; –The deadline for submitting applications. 3 –The period between the date of publication of the advertising notice in the latest publication medium and the deadline for receipt of applications shall be at least ten days. 4 –The negotiated architectural consultation file after publication and competitive tendering includes: –Programme of the negotiated architectural consultation; –A copy of the architect's draft contract; –Architectural consultation regulations; –Plans and technical documents, where applicable; –The model of the act of commitment; –The model of the declaration of honor. 5 –Application files must contain the documents provided for in article 103 of this decree and be submitted in accordance with the conditions provided for in article 104 of the same decree. Decree on public procurement-No. 2-22-431-8 March 2023 116 The application file shall be placed in a sealed envelope. It must either be lodged, against receipt, at the project owner's office, or sent by registered letter with acknowledgement of receipt. 6 –After receipt of the competitors' files, the negotiation jury examines the administrative files and draws up the list of admitted competitors whose legal capacities are deemed sufficient. The number of competing architects admitted to negotiate may not be less than three, unless the number of competitors admitted is less than three. The negotiation jury then begins negotiations with each of the admitted competing architects, however many there may be. 7 –At the end of these negotiations, the contract shall be awarded to the competing architect who submitted the most advantageous tender in accordance with the provisions of article 110 of this decree. IV) Reciprocal commitments relating to negotiated architectural consultations are concluded on the basis of the act of commitment and the architect's contract. Chapter VI Dematerialisation of procedures, documents and materials
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.