Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 52 : Dossier de l’appel d’offres avec présélection
Official English translation
1 –Prior to the launch of the procedure, any call for tenders with pre-selection shall be the subject of a file drawn up by the project owner which shall include : A. For the pre-selection stage: a) A copy of the pre-selection notice; b) A note presenting the project, which must indicate, in particular, the subject of the contract, the context of the project, the place of performance, the nature and summary description of the service to be provided; c) The model of the application for admission; d) The model of the declaration of honor; e) The model of the workload plan declaration; f) The consultation regulations. B. For the tender evaluation stage: a) The special specifications book; b) The plans and technical documents, if applicable; c) The model of the act of commitment; d) Models of the price schedule and the itemised estimate or the model of the price schedule - itemised estimate in the case of a unit price contract; e) For global price contracts, the model of the global price schedule and the breakdown of the global amount by item with or without indication of the lump-sum quantities; f) The model of the supply price schedule, where this is provided for in the special specifications book; g) The model of the detailed breakdown of prices, where applicable; 2 –The pre-selection tender documents provided for in paragraph 1) above shall be sent to the members of the pre-selection tendering commission at least six days before the notice is sent for publication. The members of the pre-selection tendering commission have a period of six days from the date of receipt of the pre-selection tender documents to send any comments they may have to the project owner. 3 –The pre-selection call for tenders notice is published on the public procurement portal and in at least two nationally circulated newspapers, chosen by the project owner, one of which is in Arabic. It is published in the language of publication of each of the newspapers. At the same time, this notice may be brought to the attention of potential competitors and, where appropriate, professional bodies, by inserting it in specialised publications or by any other means of advertising. 4 –The pre-selection tender documents provided for in subparagraph A) of paragraph 1) above must be available prior to publication of the notice. It is made available to competitors from the time of publication of the call for tenders with preselection until the deadline for the submission of competitors' admission applications. The pre-selection tender documents in subparagraph B) of paragraph 1) above, with the exception of plans and technical documents, is published on the public procurement portal. Decree on public procurement-No. 2-22-431-8 March 2023 59 5 –The pre-selection tender documents file is provided free of charge to competitors, with the exception of plans and technical documents, the reproduction of which requires specific technical equipment. The fee for providing these plans and technical documents is set by order of the Minister of Finance. The pre-selection tender documents can be downloaded from the public procurement portal. 6 –The names of competitors who have withdrawn or downloaded the pre-selection tender documents shall be entered in the special register, with an indication of the date and time of withdrawal or downloading. 7 –If, for any reason whatsoever, the pre-selection tender documents file is not delivered to the competitor or his representative who has come to the place indicated in the pre-selection tender notice, the project owner will issue him, on the same day, a certificate stating the reason why the tender documents file has not been delivered and indicating the day on which this file is to be collected so that the competitor can prepare his file. A copy of this certificate is kept in the contract file. If the pre-selection tender documents file has not been delivered by the date indicated in the certificate issued to him, the competitor may refer the matter, by any means capable of giving a certain date, to the hierarchical authority to which the project owner concerned reports, in the case of the State, public institutions and other legal entities governed by public law as referred to in article 2 of this decree or the governor of the prefecture or province or the wali of the region, as the case may be, in the case of local authorities, in order to explain the circumstances of his request in order to obtain the aforementioned file and the response he has received. After ascertaining that the request is well-founded, the authority seized shall invite the project owner in writing to immediately provide the applicant with the pre-selection tender documents file and, if necessary, to postpone the date on which the bids are to be opened for a period at least equivalent to that between the date on which the request is made and the date on which the documents are provided to the applicant. The notice of postponement is published on the public procurement portal and in two nationally circulated newspapers chosen by the project owner, one of which is in Arabic. 8 –Exceptionally, the project owner may make changes to the pre-selection tender documents without changing the subject of the contract. In this case, these changes are communicated to all competitors who have withdrawn or downloaded the tender documents file and are included in the tender documents files made available to the other competitors. These changes may be made at any time during the initial deadline for advertising and no later than seven days before the date scheduled for holding the competitor admission session. After this deadline, the project owner must postpone the date of the admission session by means of a corrective notice. Where the changes made to the pre-selection tender documents file require the publication of a corrective notice, this shall be published in accordance with the provisions of the first subparagraph of the second paragraph of I) of Article 23 of this Decree. In this case, the admission session may only be held after the expiration of a minimum period of ten days. Decree on public procurement-No. 2-22-431-8 March 2023 60 This period runs from the day after the date of publication of the corrective notice in the latest publication media, without the date of the new session being earlier than that provided for in the initial advertising notice. Competitors who have withdrawn or downloaded the pre-selection tender documents file must be informed of the above changes and of the new date of the admission session, if applicable. The corrective notice is issued in one of the following cases: –To correct manifest errors in the published notice; –When the project owner finds, after publication of the notice that the period running between the date of publication and the admission session does not comply with the required deadline.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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