Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 163 : Réclamations des concurrents et suspension
Official English translation
I) Any competitor may, by any means capable of giving a date certain, submit a request to the project owner concerned, where he: a) Notes a procedural defect in the award of the contract; b) Notes that the tender documents contain discriminatory clauses or conditions that are disproportionate to the subject of the contract; c) Notes that one of the members of the tendering commission or the competition jury is in a situation of conflict of interest as defined in article 162 of this decree; d) Contests the reasons given by the project owners for rejecting his bid. In the cases provided for in a), b) and c) above, the competitor's complaint must be lodged from the date of publication of the notice of call for competition and, at the latest, on the fifth day after publication of the result of this call for competition on the public procurement portal. Decree on public procurement-No. 2-22-431-8 March 2023 135 In the case provided for in d) above, the competitor's complaint must be lodged within five days of the date of receipt of the letter informing him of the reasons for the disqualification of his bid. II) The project owner has a period of no more than five days from the date of receipt of the complaint to inform the complainant concerned of his response. To this end, he must, depending on the case, reject, in a well-reasoned manner, the complaint submitted to him, rectify the anomaly identified by the complainant and continue the procedure or propose to the competent authority that the procedure be cancelled in accordance with the provisions of article 48 of this decree. III) If the project owner does not respond within the time limit set or if the complainant is not satisfied with his response, he may, within five days of the date of receipt of the project owner's response, refer the matter, as appropriate, to : –the relevant minister for contracts awarded by the ministerial departments for which he is responsible ; –the Minister of the Interior or the authority delegated by him for this purpose for contracts awarded by local authorities; –the president of the legislative body for contracts awarded by public institutions or other legal entities governed by public law. The complainant must inform the project owner of this referral as soon as possible. In the case provided for in paragraph d) of I) of this article, the waiting period referred to in article 142 of this decree is extended by an additional fifteen days. IV) In the cases provided for in paragraphs a), b) and c) of I) of this article, the Minister concerned, the Minister of the Interior or the authority delegated by him for this purpose or the president of the legislative body of the public institution or the legal entity governed by public law, as the case may be, must, before ruling on the complaint referred to him, order the project owner to suspend the tendering procedure for a maximum period of ten days, when it turns out that the complaint is well-founded and that the competitor risks suffering damage if the procedure is not suspended. Once the complaint has been examined, the Minister concerned, the Minister of the Interior or the authority delegated by him for this purpose or the president of the legislative body of the public institution or the legal entity governed by public law may, depending on the stage of the procedure, reject, in a well-reasoned manner, the complaint, order the project owner to rectify the anomaly identified by the complainant and to continue the procedure or decide to cancel the procedure in accordance with the provisions of article 48 of this decree. However, the Minister concerned, the Minister of the Interior or the authority delegated by him for this purpose or the president of the legislative body of the public institution or the legal entity governed by public law may, each in his sphere, order the project owner to continue the contract award procedure in question, for duly justified urgent public interest considerations. In all cases, they are required, each in his sphere, to reply to the complainant, by letter sent by any means capable of giving a certain date, within a period not exceeding fifteen days from the date of receipt of the complaint. Decree on public procurement-No. 2-22-431-8 March 2023 136 V) Any decision taken by virtue of this article by the project owner, the Minister concerned, the Minister of the Interior or the authority delegated by him for this purpose or the president of the legislative body of the public institution or the legal entity governed by public law, must be motivated and be the subject of a detailed report which must be included in the contract file. This decision must be communicated to the complainant and forwarded by the project owner to the members of the tendering commission. VI) Competitors may not challenge : a) The choice of a procurement procedure ; b) The decision of the tendering commission or the competition jury to reject all bids in accordance with the provisions of articles 45, 65, 83, 111 and 129 of this Decree; c) The decision by the competent authority to cancel the call for tenders or the competition in accordance with the conditions laid down in articles 48, 65, 86, 114 and 132 of this Decree. VII) The project owner shall record in the special register provided for in article 4 of this decree the name of the complainant, the date on which the complaint was received, its subject and the action taken in accordance with the provisions of this article.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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