Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 39 : Ouverture des plis des concurrents en séance
Official English translation
1 –The opening session for competitors’ bids is public. It is held at the place, on the day and at the time provided for in the tender notice or in the circular letter. If this day is declared a public holiday or non-working day, the meeting will be held on the following working day at the same time. The president of the commission opens the bid opening session. 2 –He invites the competitors present who have not submitted their bids to hand them over to him immediately. He then invites competitors who have discovered that their bids are incomplete to submit the missing documents in a sealed envelope marked « missing documents » and finalises the list of envelopes received. Decree on public procurement-No. 2-22-431-8 March 2023 44 No envelopes or additional documents may be submitted or withdrawn after this formality has been completed. The president of the commission then ensures that the members whose attendance is mandatory are present. In cases where one or more members, whose attendance is compulsory, is/are absent, the president shall invite the members present at the bid opening session to initial at the same time the envelopes received, the flaps and the parts to which they are affixed. These envelopes must remain closed and kept in a safe place by the president until they are opened. 3 – In cases where one or more members, whose attendance is compulsory, is/are absent, the president postpones the bid opening session for forty-eight hours and informs the competitors and members of the commission present of the place, date and time scheduled for resuming the public bid opening session. He then asks the project owner to send a letter to the absent member(s). This letter must specify the place, date and time of the new bid opening session. In cases where one or more members, whose attendance at the new session is compulsory, is/ are absent, this one shall be validly held. 4 –Afterwards, or when the session resumes if it is postponed, the president will give the members of the commission the written document containing the estimated cost of the services drawn up in accordance with the provisions of Article 6 of this Decree. The members of the commission shall initial all the pages of this document, which must be kept by the president with the tender documents. 5 –The president announces, out loud, the references of the newspapers, the date of publication on the public procurement portal and, if applicable, the references of the other media in which the tender notice was published or of the circular letter for the restricted calls for tenders. The president asks the members of the commission to express any reservations or observations they may have regarding any defects in the procedure. When the president is satisfied that the reservations or observations made are well-founded, he ends the procedure, under his responsibility, and loudly informs the competitors present. If, on the other hand, the president considers that the reservations or observations made are unfounded, he decides, under his responsibility, to continue the procedure and to record them in the minutes of the session. 6 –The president opens the competitors' bids and check the envelopes provided for in Article 32 of this Decree . 7 –He then opens the envelope marked « administrative and technical files » and announces aloud the documents contained in each file and draws up a list of the documents provided by each competitor. The president announces the place, date and time of the new public session. Once these formalities have been completed, the public session shall end and the public and competitors shall leave the room. Decree on public procurement-No. 2-22-431-8 March 2023 45 8 –The commission continues its work behind closed doors and examines the documents in the administrative file referred to in subparagraph 1) of A of I) of Article 28 of this decree and those of the technical file and excludes: a) Competitors who do not meet the requirements laid down in Article 27 of this Decree ; b) Competitors who have not complied with the requirements of paragraph 2) of Article 32 of this Decree with regard to the submission of their files; c) Competitors who have not submitted the required documents; d) Competitors who are represented by the same person in the same contract, whether it is a single contract or the same lot in an allotment contract ; e) Competitors who, where a provisional bail is required, have provided a receipt for the provisional bail or the certificate of the personal and joint bail in lieu thereof, which is not original or the subject of which does not comply with that of the call for tenders or the amount of which is less than the sum requested or which contains reservations or restrictions; f) Competitors whose financial and technical capacities are judged insufficient in the light of the criteria set out in the consultation regulations; g) Competitors whose workload plan exceeds that set by the consultation regulations. 9 –Where the commission finds material errors or discrepancies in the documents of the administrative file, it will admit the tender of the competitor concerned, subject to the introduction of the necessary rectifications in accordance with the provisions of article 43 of this decree. 10 –The commission draws up the list of competitors admitted and those excluded. 11 –The public session is resumed, the president reads the list of admitted competitors, without giving the reasons for the elimination of the unsuccessful competitors. The president returns, against receipt, to the unsuccessful competitors present their files without opening the envelopes containing the technical bids, whether or not including variant bids, and the financial bids and invites them, where appropriate, to collect the prospectuses, notices and technical documents, with the exception of the documents in the administrative and technical files which were the cause of their exclusion, subject to the provisions of paragraph 3 of article 47 of this decree. 12 –When neither the technical offer, which may or may not include the variant offer, nor the submission of prospectuses, notices and technical documents are required, the commission shall continue its work and proceed with the opening and examination of the financial offers of the admitted competitors, in accordance with the conditions laid down in Articles 42 to 44 of this Decree. 13 –When the submission of prospectuses, notices or other technical documents and/or the submission of a technical offer including or not a variant offer are required : a) the president opens, as the case may be, the envelopes containing the prospectuses, notices or other technical documents and/or the envelopes containing the technical bids of the admitted competitors. He reads out the documents contained in each envelope; b) The members of the commission shall, at the same time, initial the envelopes containing the competitors' financial bids, the flaps and the parts to which they are affixed ; c) The envelopes containing the financial bids must remain closed and kept in a safe place by the president until they are opened, in accordance with the conditions laid down in Article 42 of this Decree; Decree on public procurement-No. 2-22-431-8 March 2023 46 d) The president sets, in concertation with the members of the commission, as the case may be, the date and time: – Of the session at which the prospectuses, notices or other technical documents, if any, and/or the technical bid will be examined in accordance with the provisions of Articles 40 and 41 of this Decree ; –Of the resumption of the new public session, which he communicates to the competitors and the public present. 14 –Once this formality has been completed, the public session is closed and the competitors and the public leave the room. 15 –At the end of this session, the president asks the project owner to post the date and time of the next public session on his premises.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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