Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 28 : Justification des capacités et des qualités
Official English translation
I) Each competitor must submit an administrative file and a technical file. A. The administrative file includes: 1 –For each competitor, at the time of submission of bids: a) The document or documents justifying the powers conferred upon the person acting on behalf of the competitor. These documents vary according to the legal form of the competitor: –In the case of a self-employed entrepreneur or an individual acting on his own behalf, no documentation is required; –In the case of a competitor's representative , he or she must submit, as appropriate : • A certified copy of the legalized power of attorney, when acting on behalf of a natural person ; • An extract from the company status and/or a certified copy of the minutes of the competent body granting him power to act on behalf of the company; • The act through which the authorised person delegates his power to a third person, if applicable. Decree on public procurement-No. 2-22-431-8 March 2023 33 –In the case of a cooperative or a union of cooperatives, the document or documents justifying the powers conferred on the person acting on behalf of the cooperative or the union of cooperatives. b) The declaration of honor; c) The original receipt for the provisional bail or the certificate of the personal and joint guarantee in lieu thereof, where applicable; d) The founding agreement of the group provided for in article 150 of this decree or its certified copy, where the competitor is a group. 2 –For the competitor to whom it is planned to award the contract under the conditions set out in article 43 of this decree: a) A certificate or a certified copy of the original certificate issued less than one year by the tax collector of the place of taxation, certifying that the competitor is in a regular tax situation or, in the absence of payment that he has constitued the guarantees provided for in article 27 above. This certificate must state the activity in respect of which the competitor is taxed. b) A certificate or a certified copy of the original issued less than one year by the National Social Security Fund or by any other social security organization certifying that the competitor is in a regular situation with the organization concerned; c) A copy of the certificate of registration in the trade register (model 9) for persons subject to compulsory registration in the trade register in accordance with legislation in force; d) Certified copies of certificates or authorisations required for the performance of the services covered by the contract in accordance with the legislation and regulations in force, where applicable; e) Supporting documents of the nationality of the company and its directors in the case of contracts awarded for national defence or public security purposes, where required by the project owner; f) The equivalent of the certificates referred to in paragraphs a), b) and c) above, issued by the administrations or competent bodies of their countries of origin or provenance, for competitors not established in Morocco. If the competent administrations or bodies fail to issue these documents, they are replaced by a certificate issued by a judicial or administrative authority in the country of origin or provenance certifying that the aforementioned documents have not been produced. The date on which the documents referred to in a) and b) above are submitted to the project owner will be used as the basis for assessing their validity. B. The technical file: 1 - For current services, the technical file shall include: a) A note indicating the human and technical resources of the competitor and mentioning, where appropriate, the place, date, nature and importance of the services which he has carried out or in the performance of which he has participated, with details of the quality of his participation; b) The statement of the competitor's workload plan provided for in article 4 of this decree, where the consultation regulations so provide. 2 –For non-routine services, the technical file shall include, by virtue of their nature and importance, the following documents: Decree on public procurement-No. 2-22-431-8 March 2023 34 a) A note indicating the human and technical resources of the competitor and mentioning, where appropriate, the place, date, nature and importance of the services which he has carried out or in the performance of which he has participated, with details of the quality of his participation; b) The certificates or their certified copies issued by project owners, whether public or private, or by specialists/men of art under whose supervision the competitor has carried out these services, or by contract holders for subcontracted services. Each certificate notably specifies the nature of the work, the amount and the year in which it was carried out, the name and position of the signatory and his assessment. For the restoration of traditional, historical and ancient works, the above-mentioned reference certificates must mention that the work carried out relates to buildings classified in accordance with the provisions of law no. 22-80 on the conservation of historical monuments and sites, inscriptions, works of art and antiques, as amended and supplemented. Under no circumstances may the project owner require reference certificates that are disproportionate to the nature and consistency of the services and the amount of the contract; c) The workload plan declaration, where this is provided for in the consultation regulations; d) The document or documents justifying the competitor's financial capabilities, where this is provided for in the consultation regulations; 3 –Where a qualification and classification system is provided for the contracts concerned by the services, the certificate issued under this system replaces the documents referred to in a) of paragraph 1 of B and in subparagraphs a), b) and d) of paragraph 2 of B of this article. 4 –Where an approval system is provided for the contracts concerned by the services, the certificate issued under this system replaces the documents referred to in subparagraph a) of paragraph 1 of B and subparagraphs a), b) and d) of paragraph 2 of B of this article. 5 –Competitors who are not established in Morocco are required to produce, as the case may be, the documents in the technical file provided for in paragraphs 1 or 2 of B of this article. II) If the competitor is a public institution, he must provide: 1 –at the time of submission of the tender, in addition to the technical and administrative file provided for in b) and c) of subparagraph 1 of A of I) of this article, a copy of the text authorising him to perform the tasks related to the services covered by the contract. 2 –If it is intended to award him the contract : a) A certificate or a certified copy of the original certificate issued less than one year by the tax collector of the place of taxation, certifying that he is in a regular tax situation or, in the absence of payment that he has constitued the guarantees provided for in article 27 above. This certificate must state the activity in respect of which the competitor is taxed. The aforementioned certificate is only required from public institutions subject to tax. b) A certificate or a certified copy of the original issued less than one year by the National Social Security Fund or by any other social security organization certifying that the competitor is in a regular situation with the organization concerned; The date on which the documents referred to in a) and b) above are submitted to the project owner will be used as the basis for assessing their validity. Decree on public procurement-No. 2-22-431-8 March 2023 35 III) If the competitor is a cooperative or a union of cooperatives, he must provide : 1 –at the time of submission of the tender, in addition to the technical and administrative file provided for in a), b) and c) of subparagraph 1 of A of I) of this article, the certificate of registration in the local register of cooperatives. 2 –And where it is intended to award the contract to the competitor : a) A certificate or a certified copy of the original certificate issued less than one year by the tax collector of the place of taxation, certifying that the competitor is in a regular tax situation or, in the absence of payment, that he has constitued the guarantees as provided for in article 27 above. This certificate must state the activity in respect of which the cooperative or the union of cooperatives is taxed. b) A certificate or a certified copy of the original certificate issued less than one year by the National Social Security Fund certifying that the cooperative or the union of cooperatives is in a regular tax situation with this body in accordance with the provisions of article 27 above. The date on which the documents referred to in a) and b) above are submitted to the project owner will be used as the basis for assessing their validity. IV) IF the competitor is a self-employed entrepreneur, he must provide : 1 –At the time of submission of the tender, in addition to the technical and administrative file provided for in b) and c) of subparagraph 1 of A of I) of this article, the certificate of registration in the national register of self-employed entrepreneurs or a certified copy of the original, issued less than one year. 2 –And where it is intended to award the contract to the competitor : a certificate or a certified copy of the original certificate issued less than one year by the tax collector of the place of taxation, certifying that the competitor is in a regular tax situation or, in the absence of payment, that he has constitued the guarantees as provided for in article 27 above. This certificate must state the activity in respect of which the self-employed entrepreneur is taxed. The date on which this document is submitted to the project owner will be used as the basis for assessing its validity
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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