Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 16 : Forme et contenu des marchés
Official English translation
A. Contracts are written contracts, the specifications book of which specify the methods of awarding and the conditions of performance. The specifications book include the general administrative clauses book (GAC), the common specifications book (CS) and the special specifications (SS). 1 - The general administrative clauses book lay down the administrative provisions applicable to all works, supply or service contracts awarded by the bodies provided for in article 2 of this decree or to a particular category of such contracts. These specifications book are approved by decree. If a contract includes several categories of services, the general administrative clauses book applicable is that corresponding to the dominant category of these services. If there are no general administrative clauses book specific to the services covered by the contract, the contract shall be governed by one of the most appropriate general administrative clauses in force, after the project owner has, where appropriate, introduces the necessary adjustments in the special requirements book . 2 - The common prescriptions book essentially set out the technical provisions applicable to all contracts for the same type of works, supplies or services or to all contracts awarded by the same ministerial department, same specialised service, local authority, public institution or other legal entity governed by public law. However, the common prescriptions books may : –Include, in compliance with the provisions of the general administrative clauses book , any common prescriptions other than technical , to all contracts in the category to which they apply or to the ministerial department, specialised service, local authority, public institution or any other legal entity governed by public law concerned ; –Determine, in particular, the common financial clauses concerning the nature of the services, notably those relating to the definition of price and the price revision formulas, in accordance with the regulations in force. Where the common financial clauses books include clauses with a financial impact, they are approved by order of the minister concerned and endorsed by the minister in charge of finance. Decree on public procurement-No. 2-22-431-8 March 2023 19 The common prescriptions books specific to a ministerial department, public institution or any other legal entity governed by public law may be extended to other ministerial departments, public institutions or other legal entities governed by public law by order of the minister concerned or by decision of the deliberative body of the public institution or legal entity governed by public law concerned, as the case may be. The common prescriptions books applicable to local authorities are drawn up and approved by order of the Minister of the Interior. However, the common prescriptions books specific to a ministerial department, a public institution or a legal entity governed by public law may be extended, where applicable, to local authorities, by order of the Minister of the Interior. 3 –The special prescriptions book lay down the clauses specific to the contract and includes a reference to the applicable general texts and an indication to the articles of common prescriptions book and, where applicable, to those of the general administrative clauses book from which they derogate, without however repeating the clauses of the general administrative clauses book or those of the common prescription book from which they do not derogate. The special prescription book is signed by the project owner before the contract award procedure is launched. This signature takes the form of a scanned or electronic signature for the special conditions published on the public procurement portal. B. The special prescription books must contain at least the following information and stipulations: a) The method of awarding ; b) the express reference to the provisions of this Decree under which the contract is awarded; c) Indication of the contracting parties, the names and titles of the signatories acting on behalf of the body concerned and the co-contractor ; d) The purpose and consistency of the services to be provided, with an indication of the place where they are to be performed; e) A list in order of priority of the documents included in the contract; f) the price, subject to the provisions relating to provisional price contracts; g) the period for performance or the date for completion of the contract; h) the use of local labour for works and service contracts other than studies; i) the use of craftsmen for contracts with a craft component; j) the use, in accordance with the conditions laid down in Articles 144 and 145 of this Decree, of experts resident in Morocco, both for contracts relating to studies and for contracts relating to information systems; k) the conditions for acceptance and, where applicable, delivery of the services; l) the conditions for granting and refunding advances in accordance with the regulations in force; m) terms of payment in accordance with the regulations in force; n) pledge clauses; o) conditions for termination; p) Approval of the contract by the competent authority ; q) the holder's commitment to provide the project owner with documents justifying the actual payment of the salaries and social security contributions of his employees, as and when the services covered by the contract are carried out, in the event that the contract covers security, maintenance, cleaning of administrative buildings or maintenance of green areas; Decree on public procurement-No. 2-22-431-8 March 2023 20 r) the clause by virtue of which the contract holder is required to submit to the project owner the documents justifying the payment, by him, of the sums due to the subcontractor as and when the subcontracted services are carried out, in the event that the contract holder resorts to subcontracting. The special prescription books must also include the other compulsory information provided for in the general administrative clauses books. Standard special specifications may be drawn up in accordance with models established by order of the Minister of Finance for contracts awarded by the State, public institutions and other legal entities governed by public law, and by order of the Minister of the Interior for contracts awarded by local authorities. C. Contracts are concluded on the basis of the act of commitment signed by the successful tenderer and on the basis of the special prescriptions books.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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