Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 23 : Publicité de l’appel d’offres
Official English translation
I) Open call for tenders: 1 –Subject to the provisions of Article 134 of this Decree, an open call for tenders, whether national or international, must be the subject of a notice setting out : a) The subject of the call for tenders with an indication of the place where the services are to be performed, the municipality, province or prefecture and region concerned ; b) The project owner issuing the call for tenders; c) The office(s) and address of the project owner where the tender documents may be collected; d) The office(s) and address of the project owner where bids may be submitted or addressed; e) The place, day and time fixed for holding the bid opening session, specifying that competitors can submit their bids directly to the president of the tendering commission at the opening of the session; Decree on public procurement-No. 2-22-431-8 March 2023 29 f) The reference to the article in the consultation regulations which sets out the list of supporting documents that each competitor must provide; g) The amount in value of the provisional bail, when it is required ; h) The amount of the estimated cost of services set by the project owner; i) Where applicable, the date of the meeting or site visit that the project owner intends to organise for the competitors. This date must be during the last third of the advertising period and no later than five days before the date scheduled for the opening of tenders. If the day scheduled for the meeting or site visit is declared a public holiday or non-working day, the meeting or site visit will be held on the following working day at the same time; j) Where applicable, the place for receipt of prospectuses and notices, under the conditions laid down in Article 37 of this Decree; k) The email address of the public procurement portal and, where applicable, that of the website or websites used by the project owner to publish the tender notice; l) The purchase price of the plans and/or technical documents, if applicable. 2 –The open call for tenders notice is published on the public procurement portal and in at least two nationally circulated newspapers, chosen by the project owner, one of which is in Arabic. It is published in the language of publication of the chosen newspapers. At the same time, the open call for tenders notice may be brought to the attention of potential competitors and, where appropriate, professional bodies, by inserting it in specialised publications or by any other means of advertising. The deadline for advertising the open call for tenders notice in the two newspapers and on the public procurement portal is set at least twenty-one days before the date set for the opening of tenders. This period runs from the day after the date of publication of the notice in the last publication medium. However, the aforementioned period may be extended to at least forty days for the following contracts: a) Works contracts awarded on behalf of the State, local authorities, public institutions or other legal entities governed by public law as referred to in Article 2 of this Decree, the estimated amount of which is equal to or greater than seventy-five million five hundred and fifty thousand (75,550,000) dirhams excluding tax; b) Supply and service contracts awarded on behalf of the State, the estimated amount of which is equal to or greater than one million nine hundred and sixty-four thousand three hundred (1,964,300) dirhams excluding tax; c) Supply and service contracts awarded on behalf of local authorities, the estimated amount of which is equal to or greater than five million three hundred and sixty-four thousand and fifty (5,364,050) dirhams excluding tax; d) Supply and service contracts awarded on behalf of public institutions or other legal entities governed by public law referred to in article 2 of this decree, the estimated amount of which is equal to or greater than eight million seven hundred thousand (8,700,000) dirhams excluding tax. These thresholds may be modified by order of the Minister of Finance. When the contract is allotted, the thresholds referred to above are assessed in respect of the cumulative amount of all the lots making up the service. Decree on public procurement-No. 2-22-431-8 March 2023 30 II) Restricted call for tenders: The restricted call for tenders is the subject of a circular letter sent by registered letter with acknowledgement of receipt, on the same day, to all competitors that the project owner decides to consult. Subject to the provisions of Article 134 of this Decree, this circular letter shall contain the following information: a) The subject of the restricted call for tenders and the place where the services are to be performed, with an indication of the municipality, province or prefecture and region concerned ; b) The project owner issuing the call for tenders; c) The office(s) and address of the project owner where the competitor can collect the tender documents; d) The office and address of the project owner where bids may be submitted or addressed; e) The place, day and time fixed for holding the public session for opening bids, specifying that competitors can submit their bids directly to the president of the tendering commission at the opening of the session; f) The reference to the article in the consultation regulations which sets out the list of supporting documents that each competitor must provide; g) The amount in value of the provisional bail , where such a bail is required ; h) The estimated cost of services set by the project owner; i) Where applicable, the place for receipt of prospectuses and notices, under the conditions laid down in Article 37 of this Decree; j) The date of the meeting or site visit that the project owner intends to organise for the competitors, if applicable. This date must be during the second third of the deadline for sending the circular letter and no later than three days before the date scheduled for the opening of bids; k) The purchase price of the plans and/or technical documents, if applicable. The aforementioned circular letter must be sent at least ten days before the date scheduled for the bid opening session. This period begins on the day following the date on which the circular letter is sent. The tender documents are attached to the circular letter.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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