Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 19 : Modes de passation des marchés
Official English translation
With the exception of architectural services governed by the provisions of Chapter V of this decree, works, supply or service contracts are awarded through call for tenders, competition or according to the negotiated procedure. I) Call for tenders: 1 –The call for tenders may be open or restricted. A call for tenders is said to be « open» when any competitor can obtain the consultation file and submit a bid. It is said to be « restricted » when only those competitors whom the project owner has decided to consult may submit bids. In addition to the open call for tenders, contracts may be awarded by means of simplified open call for tenders where the estimated amount of the contract is equal to or less than one million (1,000,000) dirhams excluding tax. Simplified open call for tenders is awarded under the conditions and in accordance with the procedures laid down by this Decree for open call for tenders, subject to the following: –the simplified open tendering commission is composed of the chairman and a member appointed by the project owner, a representative from the General Treasury of the Kingdom or a representative of the Ministry of Finance as provided for in Article 38 of this decree, as the case may be; –the simplified open tender notice is published on the public procurement portal and in at least one newspaper; –the deadline for advertisement is set at least ten days before the expected date for the bid opening session; – The competitor's technical file referred to in B of I) of article 28 of this decree does not include the reference certificates and the workload plan declaration. 2 –A call for tenders is said to be « with pre-selection » when only competitors with sufficient capacity, particularly from a technical and financial point of view, are authorised to submit tenders, following the opinion of a pre-selection commission. 3 –The call for tenders may be national or international. Decree on public procurement-No. 2-22-431-8 March 2023 22 a) A call for tenders is said to be « national » when only competitors established in Morocco are eligible to participate. Unless duly pattern justified by an administrative certificate drawn up by the project owner under his responsibility, recourse is made to a national call for tenders when the estimated value of the contract is less than or equal to ten million (10,000,000) dirhams excluding tax for works contracts and one million (1,000,000) dirhams excluding tax for supply and service contracts. The thresholds referred to above may be modified by order of the Minister of Finance b) The call for tenders is said to be « international » when competitors established or not established in Morocco are allowed to take part in it. This type of call for tenders concerns contracts whose estimated amount is greater than the thresholds referred to above. II) Competition: The competition pits competitors against each other on the basis of a programme for the production of a service requiring specific technical, aesthetic or financial research. III) The negotiated procedure: The negotiated procedure allows the project owner to negotiate the award of the contract with one or more competitors under the conditions laid down in section III of chapter IV of this decree. IV) Notwithstanding the provisions of subparagraph 1 of this article, services may be provided on the basis of purchase orders, in accordance with the conditions set out in article 91 of this decree. Chapter IV Public procurement procedures Section one. – Call for tenders First subsection. – Open or restricted call for tenders
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.