Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 51 : Règlement de consultation de l’appel d’offres
Official English translation
All calls for tenders with pre-selection are subject to consultation regulations drawn up by the project owner. These consultation regulations must, particularly, include the following information: I) As for the pre-selection stage 1 –The list of documents to be provided by competitors as provided for in paragraphs 1), of A and B of II) of Article 53 of this Decree; 2 –The criteria for pre-selecting competitors. These criteria, which vary according to the nature of the services to be provided, may take into account, in particular, the following : –The guarantees provided by competitors and their legal, technical and financial capacities ; –Competitors' professional references, if any. These criteria are assessed on the basis of the documents contained in the administrative and technical files. II) As for the tender evaluation stage: 1 –The list of documents to be provided by admitted competitors as provided for in paragraph 2 of A of II) of Article 53 of this decree. Decree on public procurement-No. 2-22-431-8 March 2023 56 2 –The criteria for evaluating the competitors' bids and the award of the contract. These criteria must be directly related to the subject of the contract to be concluded, be objective, non-discriminatory and not disproportionate to the consistency of the services to be provided. The criteria for evaluating the competitors' bids may be subject to weighting coefficients which must not, under any circumstances, have the effect of restricting competition; The criteria for evaluating the competitors' bids and awarding the contract vary, depending on the nature of the services to be provided, as follows: a) With regard to works contracts and where the submission of a technical offer is required, the criteria for evaluating the competitors' bids shall take into account, in particular : –The human resources and material means to be assigned to the site ; –the specific experience and profile of the staff with regard to the nature of the services; –The extent to which craftsmen and maalmens (master craftsmen) are used for services relating to the preservation of medinas and the restoration of traditional, historic and ancient works; –The proposed completion schedule ; – The construction methods and processes; –The aesthetic and functional qualities of the service; –Performances related to environmental protection and sustainable development; – The development of renewable energies and energy efficiency; –Conservation of water resources; –The extent to which products of Moroccan origin are used; The technical score is determined on the basis of the score awarded to each criterion of the technical offer. An eligibility threshold for competitors is set in the consultation regulations. For the award of the contract, the only criterion to be taken into account, after the admission of competitors, is the most economically advantageous bid as defined in article 43 of this decree. b) With regard to supply contracts and where the submission of a technical offer is required, the criteria for evaluating the competitors' bids shall take into account, in particular : – The functional qualities of the supplies; – Guarantees provided by competitors; – After-sales service; –The human resources and material means to be mobilised to carry out the service; –Performances related to environmental protection and sustainable development; –the development of renewable energies and energy efficiency; –Conservation of water resources; –The use of Moroccan craft products, where appropriate. The technical score is determined on the basis of the score awarded to each criterion of the technical offer. An eligibility threshold for competitors is set in the consultation regulations. For the award of the contract, the only criterion to be taken into account, after the admission of competitors, is the most economically advantageous bid as defined in article 43 of this decree. Decree on public procurement-No. 2-22-431-8 March 2023 57 c) With regard to service contracts and where the submission of a technical offer is required, the criteria for evaluating the competitors' bids shall take into account, in particular, the following : –the proposed methodology; –the human resources and material means to be mobilised to carry out the service; –The timetable for allocating human resources ; –The innovative nature of the bid; –The quality of the technical assistance; –The rate of transfer of skills and knowledge; – Guarantees provided by competitors; –The proposed implementation schedule; – The specific experience and profile of the staff with regard to the nature of the services; –Performances related to environmental protection and sustainable development; –The development of renewable energies and energy efficiency; –Conservation of water resources; –The rate of use of Moroccan experts by competitors not established in Morocco for contracts relating to studies, including contracts for the design and development of information systems. The technical score is determined on the basis of the score awarded to each criterion of the technical offer. An eligibility threshold for competitors is set in the consultation regulations. For the award of the contract : –When the contract concerns services other than studies, the only award criterion to be taken into consideration, after admission of the competitors, is the most economically advantageous tender as defined in Article 43 of this Decree; –When the contract concerns study services, the only award criterion to be taken into consideration, after admission of the competitors, is the most economically advantageous tender as defined in article 144 of this decree. III) The convertible currency or currencies in which the price of the financial offer must be expressed, where the competitor is not established in Morocco. For the purposes of evaluating and comparing bids, the amounts of bids expressed in foreign currencies must be converted into dirhams. This conversion is made on the basis of the reference exchange rate of the dirham in force, given by Bank Al-Maghrib, on the first working day of the week preceding that of the bid opening day; IV) The language(s) in which the documents contained in the files and the bids submitted by the competitors must be drawn up; V) The consultation regulations shall provide, where appropriate, for: –the maximum number of lots that may be awarded to the same competitor and the method of awarding lots in accordance with the provisions of Article 10 of this Decree ; –The terms and conditions under which the variants are reviewed and evaluated with respect to the basic solution provided for in the special specifications book, in accordance with the provisions of Article 33 of this Decree; –The number, designation and estimated amount of the main unit price(s). Decree on public procurement-No. 2-22-431-8 March 2023 58 The consultation regulations must be signed by the project owner before the contract award procedure is launched.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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