Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 5 : Détermination des besoins
Official English translation
Determination of needs When defining the services to be provided under the contract, the project owner must limit himself to responding to the nature and extent of the needs to be met. Similarly, he is obliged, prior to any call for competition or negotiation, to determine as accurately as possible the needs to be met and the technical specifications and the consistency of the services to be provided and, where the award of the contract so requires, to ensure that the authorisations and formalities required under the laws and regulations in force have been obtained. In the case of works contracts, and unless authorised by the Head of Government, the project owner is required to ensure , where applicable, that the land on which the project is to be carried out has been cleaned up before the award procedure is launched. As regards the restoration of traditional, historic and ancient works referred to in article 4 above, the project owner is obliged to seek project management assistance. For services with a craft component, the project owner's needs are defined on the basis of Moroccan craft products. The definition of needs must be made on the basis of products of Moroccan origin or by reference to approved Moroccan standards. Failing this, the needs are defined on the basis of products of foreign origin that meet the standards applicable in Morocco or, in the absence of such standards, international standards. Decree on public procurement-No. 2-22-431-8 March 2023 7 In the two cases referred to in the above paragraph, the project owner shall draw up an administrative certificate justifying the use of products of foreign origin. The technical specifications of the services covered by the contract must be determined based on criteria relating in particular to the required performance, capacity and quality. Subject to the components required for the maintenance of equipment already acquired and inventoried, the technical specifications should not contain a trade mark, or refer to a catalogue, a name, a patent, a design, a type, a specific origin or provenance, a particular producer or a certification standard, unless there is no other means of describing the characteristics of the services to be performed in a sufficiently precise and intelligible manner and provided that the name used is followed by the words « or its equivalent». Where a trade mark or reference is mentioned, it includes services with equivalent characteristics and at least the same performance and quality as those required. The definition of technical specifications must in no case prevent or limit competition. If a competitor proposes a trade mark that meets the technical specifications required by the project owner, this trade mark must be mentioned in the contract if he is declared the successful tenderer.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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