Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 48 : Annulation de l’appel d’offres
Official English translation
1 –The competent authority may, at any stage of the procedure and before notification of approval of the contract, cancel the call for tenders. Decree on public procurement-No. 2-22-431-8 March 2023 54 This cancellation occurs in one of the following cases: a) When the economic or technical data relating to the services covered by the call for tenders have been fundamentally changed for reasons beyond the control of the project owner ; b) When it turns out that there are exceptional circumstances which make normal execution of the contract impossible; c) When the amount of the successful tender exceeds the allocated budget appropriations. Cancellation of the call for tenders for the reasons set out above may not, under any circumstances, justify the launch of a new procedure under the same conditions of the initial call for tenders, as long as the reasons for the cancellation of that call for tenders persist. 2 –The competent authority shall, under the same conditions, cancel the call for tenders in one of the following cases: a) Where a procedural defect has been detected ; b) When it turns out that the complaint lodged by the competitor is well-founded, subject to compliance with the provisions of Article 163 of this Decree; c) When none of the competitors has agreed to maintain his bid during the additional period proposed by the project owner in accordance with the provisions of paragraph c) of Article 36 of this Decree; d) When approval of the contract is not notified to the successful tenderer within the time limit laid down in Article 143 of this Decree; e) When the successful tenderer refuses to sign the contract; f) When the successful tenderer refuses to receive the contract approval notified to him within the period provided for in article 143 of this decree. 3 –The cancellation of the call for tenders shall be the subject of a reasoned decision signed by the competent authority. This decision is published on the public procurement portal. 4 –The project owner informs the competitors in writing of the cancellation of the call for tenders, giving them the reasons for the cancellation, and sends a copy of the cancellation decision to the members of the tendering commission. 5 –The cancellation of a call for tenders does not justify recourse to the negotiated procedure. 6 –In the event of cancellation of a call for tenders under the conditions set out above, competitors or the successful tenderer may not claim compensation. Subsection 2. - Call for tenders with pre-selection
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.