Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 151 : Sous–traitance
Official English translation
Subcontracting Subcontracting is a written contract by which the contract holder entrusts, under his responsibility, to a third party the performance of part of the services covered by this contract. Subcontracting may not exceed fifty percent (50%) of the contract amount taxes included, nor relate to the lot or the main body of the contact For the application of this provision, the special specifications book must indicate, among the components of the service, those which constitute the main body and, where applicable, those services which may not, under any circumstances, be subcontracted. Subcontractors must satisfy the conditions required from competitors as provided for in article 27 of this decree. Where the holder intends to subcontract, he must have recourse to service providers established in Morocco, particularly very small, small and medium-sized enterprises, including young innovative companies, cooperatives, cooperative unions and self-employed entrepreneurs; Subject to the provisions of the fourth subparagraph of this article, the contractor is free to choose his subcontractors. However, he is required to send to the project owner, a certified copy of the original subcontracting contract specifying, in particular, the nature of the subcontracted services, the identity, company name or name and address of the subcontractor or subcontractors to whom he has entrusted the performance of part of the services covered by the contract. Decree on public procurement-No. 2-22-431-8 March 2023 127 When the project owner realises that the subcontractors do not meet the conditions laid down in article 27 of this decree, he may, within a period of fifteen days from the date of receipt of the subcontract, exercise a right of challenge, by sending a motivated and registered letter with acknowledgment of receipt. The special specifications book include a clause requiring the holder to submit to the project owner the documents justifying the payment, by him, of the sums due to the subcontractor as the subcontracted services are performed. The project owner does not recognise any legal relationship with the subcontractors. The holder remains personally liable for all obligations arising from the contract with regard to the project owner, employees and third parties. The holder is required to provide the subcontractor, at his request, with a certificate of satisfactory performance of the subcontracted services.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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