Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 155 : Collectif de maîtres d’ouvrages
Official English translation
1 –Project owners may coordinate their purchases of supplies of the same nature or the provision of services of the same nature other than studies, within the framework of a collective of project owners. 2 –A collective of project owners is made up of two or more project owners who join together to issue a single call for competition, resulting in the conclusion of as many contracts as there are project owners who are members of the collective. Contracts awarded by the collectives of project owners obey the rules provided for in this decree. 3 –The founding agreement of the collective is signed by all its members. This agreement defines the operating procedures of the collective and appoints a coordinator from among its members. A copy of the founding agreement of the collective of project owners must be included in the contract file. 4 –In the agreement, each member of the collective undertakes to sign a contract with the successful tenderer for the amount of his own needs as determined in advance, and to monitor its performance. Decree on public procurement-No. 2-22-431-8 March 2023 131 5 –The coordinator shall prepare, in consultation with the members of the collective, the tender documents as provided for in article 22 of this decree. These documents indicate, at the level of the special specifications book, the purchases of each member of the collective and the price schedules-itemised estimates. 6 –In accordance with the provisions of this decree, the coordinator launches the call for competition and selects the successful tenderer. 7 –Competitors must submit an act of commitment and, where applicable, a provisional bail for each order placed by each member of the collective. 8 –In addition to the members provided for in Article 38 of this decree, the tendering commission of the collective of project owners includes representatives of the members making up the collective. 9 –The coordinator of the collective of project owners must send the tender documents file to the members of the tendering commission at least six days before the tender notice is sent out for publication. The aforementioned members have a period of six days to send any comments they may have to the coordinator. 10 –When one of the members of the collective of project owners does not conclude the contract, resulting from the call for competition launched by the coordinator on behalf of the collective, or when this contract is not approved by the competent authority to which the said member belongs, he shall inform the coordinator in writing. The coordinator shall be required to notify the successful tenderer, by any means capable of giving a certain date, of the withdrawal of the said member from the collective. In this case, the successful tenderer may either: –Agree to conclude contracts with other members of the collective of project owners under the same conditions; –Refuse to conclude contracts with other members of the collective of project owners. In this case, the call for competition is cancelled by the competent authority to which the coordinator belongs. The founding agreements of the collectives of project owners under local authorities are approved in accordance with the procedures established by order of the Minister of the Interior.
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.