Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 43 : Evaluation des offres financières des
Official English translation
I) Evaluation of competitors' financial offers behind closed doors: 1 –The tendering commission continues its work behind closed doors. It may consult any expert or technician in order to enlighten it on particular points of the financial bids submitted by admitted competitors or, if necessary, set up a sub-commission to analyse these bids. 2 –The commission excludes competitors whose financial offers: –Do not comply with the subject of the contract ; –Are not signed; –Are signed by a person not authorised to bind them with regard to the document(s) justifying the powers conferred; –Express restrictions or reservations; –Present differences in the price wording, the unit of account or the quantities compared to the data provided in the technical description, in the price schedule and the itemised estimate. 3 –The commission then verifies the arithmetic operations of the financial bids submitted by the selected competitors, taking into account any discounts granted in these bids. Where necessary, it corrects any calculation errors and re-establishes the exact amounts of the bids concerned. 4 –Once this formality has been completed, the commission will reject, in accordance with the terms and conditions set out in article 44 below, any financial bids deemed excessive or abnormally low with regard to the amount of the estimate drawn up by the project owner. 5 –The commission then determines the reference price of the competitors' financial bids in accordance with the provisions of article 44 below. II) Choice of the most economically advantageous offer: 1 –The commission continues its work and ranks the bids submitted by the selected competitors on the basis of the reference price so determined, with a view to proposing the most economically advantageous bid to the project owner. For the purposes of this Decree, « the most economically advantageous offer » means : a) The most competitive offer in relation to the reference price, for works contracts and service contracts other than studies. However, for contracts covering security, cleaning of administrative buildings or maintenance of green areas, the most competitive offer means the lowest proposed rate of increase applied to the estimate of the cost of the services drawn up by the project owner, subject to the provisions of a) of paragraph 3 of Article 20 of this Decree; b) For supply contracts, the most competitive financial offer in relation to the reference price, taking account, where appropriate, of the combination of the acquisition price and the monetary evaluation of the cost of use and/or maintenance over a specified period in accordance with the conditions laid down in Article 21 of this Decree; c) For service contracts relating to the provision of studies, the most competitive financial offer is that with the best technical-financial score under the conditions set out in article 144 of this decree. Decree on public procurement-No. 2-22-431-8 March 2023 49 2 –If several bids judged to be economically most advantageous are deemed to be equivalent, all elements considered, the commission will draw lots to decide between the competitors concerned. However: –When one of the competitors concerned is a cooperative, a union of cooperatives or a self- employed entrepreneur, preference is given to the offer submitted by the latter; –When two or more of the competitors concerned are a cooperative, a union of cooperatives or a self-employed entrepreneur, preference is given to the offers submitted by them. In this case, the commission will draw lots to decide between them. 3 –The commission then checks that the most economically advantageous offer does not include one or more excessive or abnormally low main unit prices as set out in article 44 of this decree. 4 –By registered letter with acknowledgement of receipt, the commission shall invite the competitor who has submitted the most economically advantageous offer to : –Produce, as the case may be, the documents of the administrative file referred to in subparagraph 2) of paragraph A of I) or in subparagraph 2) of II) of article 28 of this decree ; –Confirm the corrections of material errors found, if applicable; –Address any discrepancies noted between the various documents in his administrative file, where applicable; –Produce the samples or prototypes required by the consultation regulations, where applicable; –Justify the main unit price(s) deemed abnormally low or excessive in accordance with the provisions of article 44 of this decree. To this end, the Commission shall set a time limit which may not be less than seven days from the date of receipt of the letter referred to in this paragraph. 5 –The president of the commission shall suspend the session and set the date and time for the resumption of its work behind closed doors. 6 –The response elements from the competitor to whom it is intended to award the contract must be submitted in a sealed envelope, accompanied, where appropriate, by the samples or prototypes required. This envelope must clearly include the following information: –the name and address of the competitor; –the subject of the contract and, where applicable, an indication of the lot in the case of an allotment contract; –the warning that « the envelope must only be opened by the president of the tendering Commission » and clearly marked « supplementary information to the file and response elements ». This envelope must either be lodged, against receipt, at the project owner's office indicated in the letter of invitation, or sent by registered letter with acknowledgement of receipt. Samples or prototypes, when required, must be deposited, against receipt, in the office of the project owner indicated in the letter of invitation. Decree on public procurement-No. 2-22-431-8 March 2023 50 The deposit of the above-mentioned envelope, samples or prototypes is recorded in the special register provided for in article 4 of this decree. 7 –The commission meets at the place, on the day and at the time set. However, the president may invite the members of the commission to resume its work as soon as a response from the competitor concerned has been received. 8 –The commission will check the existence of the letter used to invite the competitor concerned and will check the documents and the response received and, where applicable, the samples or prototypes. It then examines the documents and the response received and, where applicable, the samples or prototypes. It may, where appropriate, consult any expert, technician or laboratory before making its decision, or set up a sub-commission to assess the technical quality of the samples or prototypes proposed. The commission will also examine the competitor's justifications for excessive or abnormally low main unit prices, in accordance with the procedures set out in article 44 below. 9 –At the end of this examination, the commission decides : A. Whether to propose to the project owner to accept the offer of the competitor concerned, when it appears, depending on the case, that : a) The documents submitted to supplement the administrative file meet the conditions of the second paragraph of article 28 of this decree ; b) The corrections requested have been confirmed; c) The discrepancies noted have been addressed; d) The justifications for the excessive or abnormally low main unit price(s) are convincing; e) The samples or prototypes produced comply with the characteristics required in the special specifications book. B. Or to disqualify the competitor concerned, when the latter : a) Does not reply within the time limit given to him; b) Does not produce the required documents or produces nonconforming documents; c) Does not produce samples or prototypes, where applicable; d) Does not confirm the rectification of any material errors found; e) Fails to rectify discrepancies between the various documents in his file ; f) Provides unconvincing justifications for the main unit price(s) deemed excessive or abnormally low; g) Produces samples or prototypes that do not comply with the characteristics required by the special specifications books, where applicable. 10 - In the event that the competitor having submitted the most economically advantageous offer is excluded in accordance with the provisions of B) of paragraph 9 above, the commission shall invite, under the conditions provided for in paragraph 4 of this article, the competitor whose offer is ranked second. It shall examine the documents and the response received and, where appropriate, the samples or prototypes and shall decide whether to accept or reject the competitor in accordance with the conditions stated above. Decree on public procurement-No. 2-22-431-8 March 2023 51 11 - If the commission does not retain the competitor concerned, it will invite the competitor whose offer is ranked next and will examine the documents and the response received and, where applicable, the samples or prototypes under the conditions set out above, until the procedure has been completed or the call for tenders has been declared unsuccessful.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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