Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 44 : Détermination du prix de référence, de l’offre
Official English translation
A. Reference price: After ruling out offers deemed excessive and abnormally low, the commission shall determine the reference price. The reference price of the offers is equal to the arithmetic average resulting from the estimate of the cost of the services established by the project owner and the average of the financial offers submitted by the selected competitors. This reference price is calculated according to the following formula: Where: – P: Reference price; – E: Estimated cost of services established by the project owner; The commission then ranks the competitors' bids in accordance with the provisions of article 43 above in relation to the reference price so determined. The most competitive offer, to be proposed to the project owner, is the one that is closest to the default reference price. If there are no offers below the reference price, the best offer is the one that is closest in excess to this price. B. Excessive offer and abnormally low offer: 1 –Excessive offer: An offer is deemed to be excessive if it is more than twenty percent (20%) higher than the estimated cost of services drawn up by the project owner for works, supply and service contracts other than those relating to studies. 2 –Abnormally low offer: An offer is deemed to be abnormally low when it is lower by more than: –Twenty percent (20%) compared to the estimate of the cost of services drawn up by the project owner for works contracts ; –Twenty-five percent (25%) compared to the estimate of the cost of services drawn up by the project owner for supply and service contracts other than those relating to studies. C. Excessive or abnormally low main unit prices : Where necessary, the special specifications book may include a clause on the main unit prices. Decree on public procurement-No. 2-22-431-8 March 2023 52 The procedures for assessing the main unit price(s) are as follows: –A main unit price stated in the price schedule and/or the itemised estimate of the most advantageous offer is deemed to be excessive when it is more than twenty percent (20%) higher than the corresponding price listed in the project owner's itemised estimate for works, supply and service contracts other than those relating to studies; –A main unit price stated in the price schedule and/or the itemised estimate of the most advantageous offer is deemed to be abnormally low when it is lower by more than twenty percent (20%) compared to the corresponding price listed in the project owner's itemised estimate for works contracts or by more than twenty-five percent (25%) lower for supply and service contracts other than studies. Where one or more of the main unit prices listed in the price schedule and/or the itemised estimate of the most advantageous offer are found to be excessive or abnormally low in relation to the criteria set out in this paragraph, the tendering commission will ask the competitor concerned, in writing, to justify this price or these prices. The justifications that can be taken into account concern, in particular, the following aspects: –the savings generated by the methods of manufacturing the products, the arrangements for providing the services and the construction processes ; –the exceptionally favourable nature of the execution conditions from which the competitor may benefit; –the originality of the project or offer; –The rational use of resources. Before deciding whether to accept or reject an offer containing one or more excessive or abnormally low main unit prices, the commission may set up a sub- commission to examine the explanations provided by the competitor concerned. At the end of its work, the sub-commission draws up a report which the members sign under their responsibility In light of this report, the tendering commission decides whether to accept or reject the bid of the competitor concerned.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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