Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 21 : Règlement de consultation
Official English translation
The consultation regulations is a document that lays down the conditions for submitting bids and the criteria and procedures for awarding the contract. All calls for tenders are subject to consultation regulations drawn up by the project owner. These consultation regulations must, particularly, include the following information: –the list of documents to be provided by competitors as set out in article 28 of this decree ; – the criteria for the eligibility of competitors and the award of the contract. These criteria must be directly related to the subject of the contract to be concluded, be objective, non- discriminatory and not disproportionate to the scope of the services to be provided. The eligibility criteria may be subject to weighting coefficients which must not, under any circumstances, have the effect of restricting competition; –the rate of fifteen per cent (15%) to be applied in the context of the national preference provided for in Article 147 of this Decree; –the convertible currency or currencies in which the price of the financial offer must be expressed, where the competitor is not established in Morocco. 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 that of the bid opening day; Decree on public procurement-No. 2-22-431-8 March 2023 24 –the language(s) in which the documents contained in the files and the bids submitted by the competitors must be drawn up; –Where applicable, the terms and conditions under which the variants are reviewed and evaluated with respect to the basic solution provided for in the special specifications book, in accordance with the provisions of Article 33 of this Decree; –Where applicable, the maximum number of lots that may be awarded to a single competitor and the method of awarding lots in accordance with the provisions of Article 10 of this Decree ; –Where applicable, the number, designation and estimated amount of the main unit price(s). The eligibility and award criteria of the contract set out in the consultation regulations are as follows: 1 – For works contracts : The eligibility criteria for competitors take especially into account : a) The guarantees provided by competitors and their legal, technical and financial capacities ; b) Competitors' professional references, if any; c) The importance of the workload plan, where applicable. These criteria are assessed on the basis of the documents contained in the administrative and technical files. Where the submission of a technical offer provided for in Article 31 of this Decree is required, the eligibility criteria may be supplemented, in particular, by the following criteria: –the human resources and material means to be assigned to the site ; –the specific experience and profile of the staff with regard to the nature of the services to be provided; –the number and experience of craftsmen and maalmens (master craftsmen) that the competitor undertakes to hire for services relating to the preservation of medinas and the restoration of traditional, historic and ancient works; –The proposed completion schedule; –The construction methods and processes; –The aesthetic and functional qualities of the service; –Performances related to environmental protection and sustainable development; –the development of renewable energies and energy efficiency; –Conservation of water resources; –The extent to which products of Moroccan origin are used; –The location of the competitor in the region concerned by the project, where applicable. The technical score is determined on the basis of the score awarded to each criterion of the technical offer. An eligibility threshold for competitors is set in the consultation regulations. For the award of the contract, the only criterion to be taken into account, after the admission of competitors, is the most economically advantageous bid as defined in article 43 of this decree. 2 –For supply contracts: The eligibility criteria for competitors take especially into account : a) The guarantees provided by competitors and their legal, technical and financial capacities ; b) Competitors' professional references, if any; c) The importance of the workload plan, where applicable. Decree on public procurement-No. 2-22-431-8 March 2023 25 These criteria are assessed on the basis of the documents contained in the administrative and technical files. Where the submission of a technical offer is required, the eligibility criteria may, depending on the case, be supplemented, in particular, by the following criteria: –the functional qualities of the supplies; –Guarantees provided; –After-sales service; –the human resources and material means to be mobilised to carry out the service; –Performances related to environmental protection and sustainable development; –the development of renewable energies and energy efficiency; –Conservation of water resources ; –the use of Moroccan craft products, where appropriate; –The location of the competitor in the region concerned by the services, where applicable. The technical score is determined on the basis of the score awarded to each criterion of the technical offer. An eligibility threshold for competitors is set in the consultation regulations. Once the competitors have been admitted, the contract is awarded solely on the basis of the most economically advantageous tender as defined in article 43 of this decree. However, for supplies involving a cost of use and/or maintenance, the « cost of use and/or maintenance » criterion must be taken into account when awarding the contract. To this end, the contract is awarded on the basis of an overall price combining the purchase price and the monetary evaluation of the cost of use and/or maintenance over a specified period. 3 –For service contracts: The eligibility criteria for competitors take especially into account : –The guarantees provided by competitors and their legal, technical and financial capacities ; –Competitors' professional references, if any; –the importance of the workload plan, where applicable; –The location of the competitor in the region concerned by the project, where applicable. These criteria are assessed on the basis of the documents contained in the administrative and technical files. Where the submission of a technical offer is required, the eligibility criteria may, depending on the case, be supplemented, in particular, by the following criteria: –the proposed methodology; –the human resources and material means to be mobilised to carry out the service; –the timetable for allocating human resources ; –the innovative nature of the bid; –the quality of the technical assistance; –the rate of transfer of skills and knowledge; –the guarantees provided; –the proposed implementation schedule; –the specific experience and profile of the staff with regard to the nature of the services to be provided; –Performances related to environmental protection and sustainable development; –the development of renewable energies and energy efficiency; Decree on public procurement-No. 2-22-431-8 March 2023 26 –Conservation of water resources ; –the rate of use of Moroccan experts by competitors not established in Morocco for contracts relating to studies, including contracts for services relating to the design, development and implementation of information systems. The technical score is determined on the basis of the score awarded to each criterion of the technical offer. An eligibility threshold for competitors is set in the consultation regulations. Once the competitors have been admitted, the contract is awarded on the basis of : –the most economically advantageous tender as defined in article 43 of this decree for service contracts other than study contracts; - the most economically advantageous tender within the meaning of article 144 of this decree for study contracts. The consultation regulations must be 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 consultation regulations published on the public procurement portal.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
Une question sur cet article ?
L'assistant juridique de Soumize répond en citant le texte applicable (décret, CCAG, arrêtés) et signale quand une règle a été abrogée ou remplacée.
Essayer Soumize gratuitementB.O. n° 7184 du 6 avril 2023. Texte reproduit à titre d'information ; seule la publication au Bulletin officiel fait foi.