Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 144 : Marchés d’études
Official English translation
A. Principles and procedures: When the project owner cannot carry out the necessary studies by his own means, he may have recourse to study contracts. The purpose, scope and deadline for the execution of study contracts must be clearly defined to enable competitive tendering between service providers. Unless authorised by the Head of Government, study contracts cannot, under any circumstances, have as their object the preparation of draft legislative or regulatory texts. Study contracts may include a preliminary phase known as « definition phase » to determine the goals and performances to be reached, the techniques to be used or the personnel and material resources to be mobilised. Decree on public procurement-No. 2-22-431-8 March 2023 121 These contracts must provide for the possibility of stopping the study either at the end of a specific period, or when expenses reach a fixed amount. Where justified by its nature and importance, the study may be divided into several phases, each one with a price. In this case, the contract may provide for performance to cease at the end of each of these phases. The special specifications book stipulate that design office not established in Morocco are required to involve Moroccan experts with a proportion that may not be less than twenty per cent (20%) of the experts assigned to the performance of the services covered by the contract, unless these Moroccan experts are unavailable. The project owner's organisation uses the results of the study for its own needs and for those of the authorities and organisations mentioned by the contract. The contract sets out the rights reserved to the holder in the case of manufacture or works carried out as a result of the study conducted. Any industrial or intellectual property rights that may arise on the occasion of or during the course of the study are acquired by the holder, except in the event that the project owner reserves all or part of these rights by virtue of the contract. B. Evaluation of tenders The consultation regulations provided for in Article 21 of this decree specify that the evaluation of tenders is to be carried out in two stages. The first stage involves the evaluation of technical quality, while the second stage focuses on the evaluation of financial offers. 1 –Technical quality is assessed on the basis of several criteria, including in particular : –the competitor's experience in relation to the mission concerned; –the quality of the proposed methodology; –the work programme; –The level of qualification of the proposed experts; –The rate of transfer of skills and knowledge; –The rate of participation of Moroccan experts among the key personnel proposed for the performance of the services covered by the contract, except in the event of their unavailability, in a proportion which may not be less than twenty per cent (20%) of these experts, when the holder is a design office not established in Morocco. A technical score is awarded for each criterion. The scores for criteria are then weighted to give an overall technical score out of 100. The weightings may vary depending on the situation. The applicable weightings and the eligibility threshold for competitors must be set out in the consultation regulations. At the end of this first phase, a report on the technical evaluation of proposals shall be prepared. This report justifies the results of the evaluation, describing the respective strengths and weaknesses of the bids. Decree on public procurement-No. 2-22-431-8 March 2023 122 In light of this report, the commission will reject bids whose overall technical score is below the required eligibility threshold. 2 –For the financial evaluation, the financial offer includes taxes, duties and charges, reimbursable expenses such as travel, translation and printing of reports and secretariat costs, as well as overheads and profits. The commission will reject bids deemed excessive and abnormally low, in accordance with the following modalities : –A bid is deemed to be excessive if it is more than twenty percent (20%) higher than the estimated cost of services drawn up by the project owner; –A bid is deemed to be abnormally low when it is lower by more than twenty-five percent (25%) compared to the estimate of the cost of services drawn up by the project owner. The commission then ranks the other financial proposals and awards a financial score out of one hundred (100) points to the lowest proposal and financial scores inversely proportional to their amounts to the other proposals. The financial scores may, however, be determined using other methods. In this case, the method to be used must be specified in the consultation regulations. 3 –For the award of the contract, the overall score is obtained by adding together the technical and financial scores, after introducing a weighting. The weighting assigned to the financial offer is determined taking into account the complexity of the mission and the desired level of technical quality. The weighting assigned to the financial offer is set at between ten (10) and forty (40) points, out of an overall score of one hundred (100) points. The proposed weightings for technical quality and financial offer are specified in the consultation regulations. The offer of the competitor having obtained the highest overall score is considered to be the most advantageous offer.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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