Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 150 : Groupements
Official English translation
Groups Competitors may, on their own initiative, form groups to submit a single tender. The group may be either joint or based on solidarity. The project owner may not restrict participation in the contracts he awards exclusively to groups, nor require the formation of a group. Any competitor who is a member of a joint or solidarity group must have a qualification and classification certificate in order to participate in works contracts subject to a qualification and classification system in accordance with the regulations in force. Any competitor who is a member of a joint or solidarity group must have an approval certificate in order to participate in service contracts related to studies or project management subject to an approval system in accordance with the regulations in force. A. Joint group: The group is said to be « joint » when each of the members of the group undertakes to perform one or more distinct parts, both in terms of definition and remuneration, of the services covered by the contract. One of the members of the group, designated as mandatary agent in the act of commitment, represents all the members in their dealings with the project owner. The mandatary agent is severally liable with each of the members of the group for his contractual obligations towards the project owner for the performance of his obligations under the contract. Each member of the joint group must have the legal, technical and financial capacities required to carry out the part or parts of the services for which he is engaged. For works contracts subject to a qualification and classification system in accordance with the regulations in force, each member of the group must have the qualification(s) and class(es) required for the part(s) of the services for which he is engaged to perform. For service contracts related to studies or project management subject to the approval system in accordance with the regulations in force, each member of the group must hold the required approval for the field(s) of activity corresponding to the part(s) of the services for which he is engaged to perform. Decree on public procurement-No. 2-22-431-8 March 2023 125 A joint group must submit a single act of commitment indicating the total amount of the contract and specifying the service or services that each member of the joint group undertakes to provide. B. Solidarity group: A group is said to be « solidarity » when all its members undertake severally, towards the project owner to perform the entire contract. One of the members of the group, designated as mandatary agent in the act of commitment, represents all the members in their dealings with the project owner and coordinates the performance of the services by all the members of the group. The solidarity group must submit a single act of commitment indicating the total amount of the contract and all the services that the members of this group undertake severally to provide, it being specified that this act of commitment may, where appropriate, indicate the services that each of the members undertakes to provide under this contract. Each member of the solidarity group must have the required legal capacities. The financial and technical capacities of the solidarity group are assessed on the basis of a pooling of the human, technical and financial resources of all its members to ensure that they meet, in a complementary and cumulative manner, the requirements laid down for this purpose in the contract award procedure. The qualifications of the group's members are assessed as follows: –For works contracts subject to a qualification and classification system in accordance with the regulations in force, the mandatary agent of the group must have the required qualification(s) and class. The other members of the group, individually, must have at least the required qualification or qualifications and the class immediately below the required class; –For service contracts related to studies or project management subject to an approval system in accordance with the regulations in force, each member of the group must hold the approval required for the required field(s) of activity ; –For contracts not subject to a qualification and classification system, nor to an approval system, the members of the group must produce, individually, the reference certificates provided for in article 28 of this decree. C. Provisions common to joint and solidarity groups: The special specifications book, the financial offer and, where applicable, the technical offer submitted by a group must be signed either by all the members of this group, or only by the mandatary agent, if the latter provides proof of authorisation in the form of a legalised power of attorney to represent the members of the group during the contract award procedure. When the contract is awarded on the basis of a call for tenders with pre-selection or a competition, the composition of the group may not be changed between the date on which applications are submitted and the date on which tenders are submitted. The same competitor may not, on an individual basis or as a member of a group, submit more than one bid for the same contract in the case of a single contract or for the same lot in the case of an allotment contract. Decree on public procurement-No. 2-22-431-8 March 2023 126 However, in the case of allotment contracts, the competitor may submit bids either individually or as a member of a group, provided that the bids submitted do not relate to the same lot. Each group must submit, as part of its administrative file, the agreement setting up the group or a certified copy of the original. This agreement must indicate, in particular, the purpose of the agreement, the nature of the group, the mandatary agent, the duration of the agreement, the bank account(s) and, where applicable, the distribution of services. In the case of a group, the provisional and final bail may be subscribed in one of the following forms: a) Collectively in the name of the group; b) By one or more members of the group for the entire bail; c) In part by each member of the group so that the entire amount of the bail is subscribed. In the cases provided for in b) and c) above, the receipt for the provisional and final bail or the certificate of the personal and joint bail in lieu thereof must specify that they are issued in the context of a group. In addition to the cases provided for in Article 24 of this Decree, the provisional bail shall be confiscated in the event of failure of the group, regardless of the defaulting member.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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