Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 15 : Caractère des prix
Official English translation
The contract price includes the profit and all duties, taxes, overheads, incidental expenses and, in general, all expenses incurred by the service covered by the contract until its completion. The project owner may, however, include a clause in the special specifications stipulating that he will cover the costs of customs clearance and/or transportation. Contract prices may be firm, revisable or provisional. 1 –Firm price contract : The contract price is firm when it cannot be changed during the contract performance period. If the value added tax rate is changed after the deadline for submission of tenders, the project owner will reflect this change in the settlement price. In the case of contracts relating to the purchase of products or services whose prices are regulated, the project owner reflect the difference resulting from the change in the price of these products or services, occurring between the closing date for submission of tenders and the date of delivery, in the settlement price stipulated in the contract. Contracts for supplies and services other than studies are firm price contracts. However, for supply contracts and service contracts other than studies which do not include regulated prices and whose execution period is longer than six months, the project owner reflects the difference resulting from the fluctuation in the price of the services covered by the said contracts, occurring between the closing date for submission of tenders and the date of delivery, in the settlement price provided for in the contract, in accordance with the conditions and procedures laid down by order of the Head of Government adopted on a proposal from the Minister of Finance. Study contracts with a completion date of less than three months are awarded on a firm price basis. 2 –Revisable price contract : The contract price is revisable when it can be modified as a consequence of economic variations occurring during the performance of the services or when their performance requires the use of a large proportion of raw materials whose prices are directly affected by fluctuations in world prices. Works contracts are awarded on a revisable price basis. Study contracts with a completion date of three months or more are awarded on a revisable price basis. The rules and conditions for price revision are set by order of the Head of Government, issued after approval by the Minister of Finance. Decree on public procurement-No. 2-22-431-8 March 2023 18 The specifications book expressly state the terms and conditions of price revision and the due date . 3 –Provisional price contract : A contract is awarded on a provisional basis when performance of the service must be started, while all the conditions required to determine a final initial price have not yet been met due to the urgent nature of the service. Provisional price contracts may only be awarded in the case provided for in paragraph 7 of II) of Article 89 of this decree. Chapter III Forms and procedures for awarding contracts
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.