Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 53 : Conditions requises des concurrents et
Official English translation
I) In the case of a call for tenders with preselection, the conditions laid down in Article 27 of this Decree shall apply to competitors. II) Each competitor must submit an administrative file and a technical file. A. The administrative file includes: 1 –For each competitor at the admission stage: a) The document or documents justifying the powers conferred on the person acting on behalf of the competitor. These documents vary according to the legal form of the competitor: –In the case of a self-employed entrepreneur or an individual acting on his own behalf, no documentation is required; –In the case of a competitor's representative, he or she must submit, as appropriate : • A certified copy of the legalized power of attorney, when acting on behalf of an individual ; • An extract from the company's statues and/or a certified copy of the minutes of the competent body granting him authority to act on behalf of the company; • The act through which the authorised person delegates his power to a third person, if applicable. –In the case of a cooperative or a union of cooperatives, the document or documents justifying the powers conferred on the person acting on behalf of the cooperative or the union of cooperatives. b) The declaration of honor; c) The application for admission; d) The founding agreement of the group provided for in article 150 of this decree or its certified copy, when the competitor is a group; e) A copy of the text authorising him to carry out the tasks relating to the services covered by the contract, when the competitor is a public institution. 2 –For competitors admitted to the tender evaluation stage, the original receipt for the provisional bail or the certificate of the personal and joint bail in lieu thereof, where applicable; 3 –For the competitor to whom it is planned to award the contract a) A certificate or a certified copy of the original certificate issued less than one year by the tax collector of the place of taxation, certifying that the competitor is in a regular tax situation or, in the absence of payment that he has lodged the guarantees provided for in article 27 of this decree. Decree on public procurement-No. 2-22-431-8 March 2023 61 This certificate must state the activity in respect of which the competitor is taxed. As for public institutions, the above-mentioned certificate is only required from those subject to tax; b) A certificate or a certified copy of the original issued less than one year by the National Social Security Fund or by any other social security organization certifying that the competitor is in a regular situation with the organization concerned; c) A copy of the certificate of registration in the trade register (model 9) for persons subject to compulsory registration in accordance with the legislation in force, a copy of the certificate of registration in the local register for cooperatives and a copy of the certificate of registration in the national register of self-employed entrepreneurs for self-employed entrepreneurs; d) Supporting documents of the nationality of the company and its directors in the case of contracts awarded for national defence or public security purposes, where required by the project owner; e) The equivalent of the certificates referred to in paragraphs a), b) and c) above, issued by the administrations or competent bodies of their countries of origin or provenance, for competitors not established in Morocco. If the competent administrations or bodies in their country of origin or provenance fail to issue these documents, they are replaced by a certificate issued by a judicial or administrative authority in the country of origin or provenance certifying that the aforementioned documents have not been produced. The date on which the documents referred to in a) and b) above are submitted to the project owner will be used as the basis for assessing their validity. B. The technical file includes: a) A note indicating the human and technical resources of the competitor and mentioning, where appropriate, the place, date, nature and importance of the services which he has carried out or in the performance of which he has participated, with details of the quality of his participation; b) The certificates or their certified copies issued by project owners, whether public or private, or by men of art under whose supervision the competitor has carried out these services, or by contract holders for subcontracted services. Each certificate notably specifies the nature of the work, the amount and the year in which it was carried out, the name and position of the signatory and his assessment. For the restoration of traditional, historical and ancient works, the above-mentioned reference certificates must mention that the work carried out relates to buildings classified in accordance with the provisions of law no. 22-80. Under no circumstances may the project owner require reference certificates that are disproportionate to the nature and consistency of the services and the amount of the contract; c) A statement of the competitor's workload plan, where this is provided for in the pre- selection regulations ; d) The document(s) justifying the competitor's financial capabilities, where applicable; e) Where a qualification and classification system is provided for the contracts concerned by the services, the certificate issued under this system replaces the documents provided for in subparagraphs a), b) and d) of paragraph B of II) of this article; Decree on public procurement-No. 2-22-431-8 March 2023 62 f) Where an approval system is provided for the contracts concerned by the services, the certificate issued under that system replaces the documents referred to in subparagraphs a), b) and d) of paragraph B of II) of this article; g) Competitors who are not established in Morocco are required to produce the technical file documents referred to in sub-paragraphs a), b), c) and d) of paragraph B of II) of this article.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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