Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 22 : Dossier d’appel d’offres
Official English translation
1 –All calls for tenders shall be the subject of a file drawn up by the project owner, which shall include : a) A copy of the tender notice or the circular letter, as the case may be, as provided for in Article 23 of this decree; b) A copy of the special specifications book; c) Plans and technical documents, where applicable; d) The model of the act of commitment referred to in Article 30 of this decree; e) Models of the price schedule and the itemised estimate or the model of the price schedule - itemised estimate in the case of a unit price contract; f) The model of the supply price schedule, where this is provided for in the special specifications book; g) For global price contracts, the model of the global price schedule and the breakdown of the global amount by item with or without indication of the lump-sum quantities; h) The model of the detailed breakdown of prices, where applicable; i) The model of the declaration of honor ; j) The model of the workload plan declaration; k) The consultation regulations provided for in article 21 above. 2 –The project owner sends the tender documents to the members of the tendering commission provided for in Article 38 of this decree at least six days before the date of publication of the tender notice on the public procurement portal or the dispatch of the circular letter to competitors, as the case may be. The members of the tendering commission have a period of six days from the date of receipt of the tender documents to send any comments they may have to the project owner. 3 –The tender documents need to be available prior to publication of the tender notice and must be made available to competitors from the first publication of the notice in one of the publication media referred to in Article 23 below until the deadline for submission of tenders. The tender documents can be downloaded from the public procurement portal. Decree on public procurement-No. 2-22-431-8 March 2023 27 4 –The names of competitors who have withdrawn or downloaded the tender documents shall be entered in the special register provided for in Article 4 of this Decree, with an indication of the date and time of withdrawal or downloading. 5 –The tender documents are provided free of charge to competitors, with the exception of plans and technical documents, the reproduction of which requires specific technical equipment. The fee for providing these plans and technical documents is set by order of the Minister of Finance. 6 –If, for any reason whatsoever, the tender documents are not delivered to the competitor or his representative who has come to the place indicated in the tender notice, the project owner will issue him, on the same day, a certificate stating the reason why the tender documents have not been delivered and indicating the day on which they are to be collected so that the competitor can prepare his file. A copy of this certificate is kept in the contract file. If the tender documents have not been delivered by the date indicated in the certificate issued to him, the competitor may refer the matter, by any means capable of giving a certain date, to the hierarchical authority to which the project owner concerned reports, in the case of the State, public institutions and other legal entities governed by public law as referred to in article 2 of this decree or the governor of the prefecture or province or the wali of the region, as the case may be, in the case of local authorities, in order to explain the circumstances in which his request to obtain the aforementioned file was made and the response he has received. After ascertaining that the request is well-founded, the authority seized shall invite the project owner in writing to immediately provide the applicant with the tender documents and, if necessary, to postpone the date on which the bids are to be opened for a period at least equivalent to that between the date on which the request is made and the date on which the documents are provided to the competitor concerned. The notice of postponement is published on the public procurement portal and in two nationally circulated newspapers chosen by the project owner, one of which is in Arabic. 7 –Exceptionally, the project owner may make changes to the tender documents without changing the subject of the contract. In this case, these changes are communicated to all competitors who have withdrawn or downloaded the tender documents and are included in the tender documents made available to the other competitors. These changes may be made at any time during the initial deadline for advertising and no later than seven days before the date of the bid opening session. After this deadline, the project owner must postpone the date of the bid opening session by means of a corrective notice. Where the changes made to the tender documents require the publication of a corrective notice, this shall be published in accordance with the provisions of the first subparagraph of the second paragraph of Article 23 of this Decree. In this case, the bid opening session may only be held after the expiration of a minimum period of ten days. This period runs from the day after the date of publication of the corrective Decree on public procurement-No. 2-22-431-8 March 2023 28 notice in the latest publication medium, without the date of the new session being earlier than that provided for in the initial advertising notice. In all cases, the deadline for advertising provided for in the third subparagraph of the second paragraph of I) of Article 23 below must be respected. Competitors who have withdrawn or downloaded the tender documents must be informed of any changes that have been made and of the new date for the opening of bids, if applicable. The corrective notice is issued in one of the following cases: a) When the project owner makes changes to the tender documents without complying with the seven-day time limit set out above ; b) When the changes to be made to the tender documents require additional time for the preparation of the tenders; c) To correct manifest errors in the published notice; d) When the project owner finds, after publication of the notice that the period between the date of publication of the notice and the date of the bid opening session does not comply with the deadline for advertising provided for in Article 23 below. 8 –If a competitor considers that the period provided for in the advertising notice for the preparation of bids is insufficient with regard to the complexity of the services covered by the contract, he may, during the first half of the deadline for advertising, ask the project owner, by letter sent by any means capable of giving a certain date, to postpone the date of the bid opening session. This letter must contain all the information necessary for the project owner to assess the request for postponement. If the project owner acknowledges the merits of the competitor's request submitted to him, he will postpone the date of the bid opening session. The postponement, the duration of which is left to the discretion of the project owner, is the subject of a corrective notice which is published in the same form as the tender notice. Postponement of the date of the bid opening session may be requested only once, regardless of which competitor requests it. The project owner will inform competitors who have withdrawn or downloaded the tender documents of this postponement.
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.