Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 154 : Maîtrise d’ouvrage déléguée
Official English translation
1 –The competent authority may, by agreement, entrust the execution, in the name and on behalf of the body concerned, of all or part of the project management tasks, in order to ensure the proper execution of the contract and the achievement of the objectives assigned to the project that is the subject of the said contract. Delegated project management relates exclusively to contracts for works and related studies. It is entrusted to a public administration, a public institution, a state-owned company or one of its subsidiaries, a public subsidiary or a regional development company, a development company or a local development company, duly authorised to ensure delegated project management, within the limits of the tasks assigned to it. Recourse to delegated project management is subject, depending on the case, to : –A decision by the Head of Government, taken after approval by the Minister of Finance, in the case of the State, public institutions and other legal entities governed by public law as provided for in article 2 of this decree; –An authorisation from the Minister of the Interior for local authorities. The conclusion of the delegated project management agreement for local authorities is subject to the prior opinion of the Minister of the Interior. The project management missions to be delegated may relate in particular to: –Definition of the administrative and technical conditions under which the work will be studied and executed; –Monitoring and coordination of studies; –Review of pre-projects and projects; –Approval of pre-projects and projects; – Preparation of consultation files; –the award of contracts in accordance with the provisions of this decree; –Management of the contract after its approval by the competent authority; –Monitoring, coordination and control of works; –Acceptance of the work. The missions entrusted to the delegated project owner are carried out in accordance with the legislation and regulations in force governing public procurement, including the provisions of this decree. The delegated project owner is only liable to the competent authority for the performance of the missions entrusted to him by the latter under the delegated project management agreement. The delegated project owner represents the organisation concerned with regard to third parties in the performance of the missions entrusted to him until the competent authority has established that the said missions have been completed under the conditions defined by the delegated project management agreement. 2 –The aforementioned agreement specifies in particular: a) The work(s) which are the subject of the project management delegation; Decree on public procurement-No. 2-22-431-8 March 2023 130 b) The missions entrusted to the delegated project owner; c) The conditions under which the project owner declares that the delegated project owner's mission has been completed; d) The terms and conditions for the progressive remuneration of the delegated project owner, depending on the progress of the project that is the subject of the said delegation of project management; e) The conditions under which the agreement may be terminated; f) The method of financing the work in accordance with the regulations in force; g) The terms of the technical, financial and accounting control exercised by the project owner at the various stages of the operation; h) The conditions for approval of the pre-projects and acceptance of the work; i) The obligations of the delegated project owner towards the project owner in the event of a dispute arising from the performance of the delegated project management mission or from damage caused to third parties. 3 –The delegated project management agreement also sets out the terms and conditions for the gradual payment by the project owner to the delegated project owner of the sums required to carry out the project, depending on the progress of the project. 4 –When delegated project management is entrusted to one of the bodies provided for in the second subparagraph of paragraph 1 of this article and the delegated project owner is not designated as sub-authorising officer, payments are made to the account opened for this purpose at the General Treasury of the Kingdom in the name of the delegated project owner. 5 –Sums paid to the delegated project owner and not used after completion of the contract shall be returned to the project owner concerned.
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.