Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 165 : Marchés de l’administration de la défense
Official English translation
Contracts for works, supplies or services awarded by the national defence administration are subject to the provisions of this decree, subject to the following: 1 –The national defence administration is not required to : –Request the authorisation provided for in the third subparagraph of article 5 of this decree ; –Draw up the administrative certificate provided for respectively in subparagraph 8 of Article 5 and in subparagraph a) of paragraph 3 of Article 19 of this decree; –Limit itself, in determining the maximum, to twice the minimum of the services agreed in terms of quantity or value of the framework contracts provided for in subparagraph 3 of paragraph 1 of Article 7 of this Decree; –Open the bids in public session as provided for in Articles 20, 39, 49, 66, 107 and 125 of this Decree; Decree on public procurement-No. 2-22-431-8 March 2023 137 –Immediately apply the provisions on the receipt of bids by the president of the tendering commission, –Publish the forecast programme, the contract completion reports and the documents provided for in Article 134 of this Decree; –Publish the notice of purchase on the basis of purchase orders provided for in the fourth paragraph of article 91 of this decree; –publish the list of public contracts provided for in the third subparagraph of Article 148 of this Decree; –Use the procedures for the electronic exchange of documents and electronic reverse auctions provided for in Articles 135, 136 and 138 of this Decree; –Subject contracts to the provisions of article 159 of this decree; –Apply the provisions of article 148 of this decree to contracts relating to armaments, munitions or military equipment; –Comply with the scope of application and respect the threshold and conditions for recourse to restricted architectural consultation provided for in the fourth subparagraph of paragraph 3 of Article 94 of this decree; –Publish the notice of the call for competition on the competitive dialogue provided for in Article 12 of this Decree; –Comply with the thresholds provided for in article 19 of this decree; –Pass on the price variation to the settlement price of supply contracts. 2 –The consultation of competitors as part of the competitive dialogue provided for in article 12 of this decree is carried out by circular letters sent by registered letter with acknowledgement of receipt, on the same day, to all the competitors that the project owner decides to consult. The competitive dialogue may include a stage of testing or experimentation of the military equipment and materials which are the subject of the consultation. The commission responsible for examining the bids resulting from the competitive dialogue is set up in accordance with the second paragraph of article 87 of this decree. The examination and evaluation of competitors' financial offers as part of the competitive dialogue are carried out in accordance with the third subparagraph of paragraph 3 of article 87 of this decree. As part of the competitive dialogue, the competent authority may invite the commission to conduct a final round of negotiations with the candidate to whom it is intended to award the contract. This negotiation may concern the improvement of the general conditions of the technical, financial and, where appropriate, industrial compensation offers, in particular as regards price, the guarantees offered, the period of performance and terms of payment and financing. 3 –The notice of the call for competition sets the deadline for the submission of bids. 4 –The ceilings for readjustment of the conditions of performance of framework contracts and renewable contracts provided for in articles 7 and 8 of this decree, awarded on the basis of electronic catalogues, are to be considered on an annual basis. 5 –Services relating to national defence and having a specific and confidential character due to their nature and the place of their performance or delivery may be the subject of a restricted Decree on public procurement-No. 2-22-431-8 March 2023 138 call for tenders, without any limitation on the ceiling or the drawing up of administrative certificates. 6 –For the acquisition or maintenance of military equipment and materials, the national defence administration may, as part of the award procedures set out in this decree, require from any competitor to produce any supporting documents it deems necessary. 7 –The final and general statement provided for respectively in the seventh paragraph of Article 7 and the sixth paragraph of Article 8 of this Decree are drawn up only after the total amount of the framework contracts and renewable contracts has been exhausted, even if the contractual deadlines have been exceeded. 8 –Contracts concerning national defence awarded in accordance with the negotiated procedure provided for in subparagraph 2 of paragraph II) of Article 89 of this decree, in accordance with the restricted tendering procedure or in accordance with the competitive dialogue procedure may include a clause on industrial compensation. 9 –For the purposes of evaluating and comparing bids, the amounts of bids expressed in foreign currencies must be converted into dirhams. This conversion is made on the basis of the reference exchange rate of the dirham in force, given by Bank Al-Maghrib, on the first working day of the week preceding the deadline for the submission of bids provided for in the notice of the call for competition
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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