Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 38 : Commission d’appel d’offres
Official English translation
The composition of the tendering commission is as follows: 1 –The tendering commission is chaired by the project owner. If the project owner is absent or unable to attend, the commission will be chaired by one of the persons appointed by him to replace him. 2 –For contracts awarded by the State, the commission is made up, in addition to the president, of the following members whose attendance is compulsory: –Two representatives from the administration to which the project owner reports, at least one of whom reports to the department concerned by the service covered by the contract, appointed by the project owner ; –A representative from the General Treasury of the Kingdom ; –A representative from the Ministry of Finance, where the estimated amount of the contract exceeds fifty million (50,000,000) dirhams excluding tax. 3 –For contracts awarded by the public institutions and other legal entities governed by public law referred to in article 2 of this decree, the commission is made up, in addition to the president of the following members whose attendance is compulsory: –Two representatives from the public institution or legal entity governed by public law to which the project owner reports, at least one of whom reports to the department concerned by the service covered by the contract, appointed by the project owner ; –the representative of the Minister of Finance, in accordance with the legislation on State financial control applicable to the public institution concerned; –the representative of the Minister of Finance or the representative of the General Treasury of the Kingdom, as the case may be, for the legal entity governed by public law ; –The purchasing manager or his representative, if applicable; –The financial manager or his representative if applicable. The commission shall also include any member whose attendance is required under the laws and regulations governing the public institution or legal entity governed by public law concerned. 4 –For contracts awarded by local authorities, the commission is made up, in addition to the president, of the following members whose attendance is compulsory: a) For regions and their groupings: –The Director General of Services or the Director of Services, as the case may be, or his representative ; –the head of the procurement service or his representative; –The head of the department concerned by the service covered by the contract or his representative; –The assigned public accountant or his representative. Decree on public procurement-No. 2-22-431-8 March 2023 43 b) For prefectures or provinces and their groupings : –The Director General of Services or the Director of Services, as the case may be, or his representative ; –The head of the contracts department or his representative ; –The head of the department concerned by the service covered by the contract or his representative; –The assigned public accountant or his representative. c) For municipalities and inter-municipal cooperation institutions : –The Director General of Services or the Director of Services, as the case may be, or his representative ; –The head of the contracts department or his representative ; –The head of the department concerned by the service covered by the contract or his representative; –The assigned public accountant or his representative. The composition of the tendering commission provided for in subparagraph 4 of this article may be modified by order of the Minister of the Interior. 5 –The commission may call on any person, expert or technician it deems useful to contribute to its work in an advisory capacity, or set up a sub-commission. When the tendering commission decides to consult an expert or a technician, the president of the commission asks the project owner to invite the expert and/or technician concerned to take part in the work of the commission or sub-commission. The sub-commission may not be composed exclusively of members of the tendering commission. 6 –The members of the commission are convened by the project owner. To this end, the latter is required to transmit to them, at least seven days before the date set for the bid opening session, the invitation to attend, together with the tender documents file including, where appropriate, any comments made by the said members and any information, clarifications or documents sent to the competitors.
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.