Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 64 : Séance d’ouverture des plis des concurrents
Official English translation
1 –The bid opening session is public. It is held at the place, on the day and at the time stipulated in the letter of admission provided for in article 58 of this decree. If this day is declared a public holiday or a non-working day, the meeting will be held on the next working day at the same time. The president of the pre-selection tendering commission opens the bid opening session. Decree on public procurement-No. 2-22-431-8 March 2023 66 2 –He invites the competitors present who have not submitted their bids to hand them over to him immediately. He then invites competitors who have discovered that their bids files are incomplete to submit the missing documents in a sealed envelope marked « missing documents » and finalises the list of envelopes received. No envelopes or additional documents may be submitted or withdrawn after this formality has been completed. The president of the pre-selection tendering commission then ensures that the members whose attendance is mandatory are present. In cases where one or more of these members, is/are absent, the president shall invite the members present at the bid opening session to initial at the same time the envelopes received, the flaps and the parts to which they are affixed. These envelopes must remain closed and kept in a safe place by the president until they are opened. 3 –In cases where one or more members, whose attendance is compulsory, is /are absent, the president postpones the bid opening session for forty-eight hours and informs the competitors and members of the commission present of the place, date and time scheduled for resuming the bid opening session. He then asks the project owner to send a letter to the absent member(s). This letter must specify the place, date and time of the new bid opening session. In cases where one or more members, whose attendance at the new session is compulsory, is/ are absent, this one shall be validly held. Afterwards, or when the session is resumed if it has been postponed, the president checks the existence of the document used to invite the admitted competitors. 4 –The president asks the members of the commission to express any reservations or observations they may have regarding any defects in the procedure. When the president is satisfied that the reservations or observations made are well-founded, he ends the procedure, under his responsibility, and loudly informs the competitors present. If, on the other hand, the president considers that the reservations or observations made are unfounded, he decides, under his responsibility, to continue the procedure and to record them in the minutes of the bid opening session. The president gives the commission members the written support containing the estimated cost of the services. 5 –The members of the commission shall initial all the pages of this support, which must be kept by the president with the tender documents file. 6 –The president shall draw up a list of tenders submitted by admitted competitors, whether they are submitted or received on the date and at the time specified in the letter of admission. Once this formality has been completed, the commission's work continues as follows, depending on the case: Decree on public procurement-No. 2-22-431-8 March 2023 67 a) When neither the technical offer, which may or may not include the variant offer, nor the submission of prospectuses, notices and technical documents are required, the commission shall continue its work and proceed with the opening and examination of the financial offers of the admitted competitors, in accordance with the provisions of paragraphs 8 to 10 of this article; b) When the submission of prospectuses, notices or other technical documents and/or the submission of a technical offer including or not including a variant offer is required, the president opens, as the case may be, the envelopes containing the prospectuses, notices or other technical documents and/or the envelopes containing the technical bids of the admitted competitors. He reads out the documents contained in each envelope; c) The members of the commission shall, at the same time, initial the envelopes containing the competitors' bids, the flaps and the parts to which they are affixed ; d) The envelopes containing the financial bids must remain closed and kept in a safe place by the president until they are opened, in accordance with the conditions laid down in Article 42 of this Decree; In concertation with the members of the commission, the president shall set : –the date and time of the session that will be held to examine the prospectuses, notices or other technical documents and/or the technical offer in accordance with the provisions of articles 40 and 41 of this Decree, if applicable ; –The date and time of the new public session, which he will communicate to the competitors present. 7 –When the public session resumes in accordance with the provisions of article 42 of this decree, the president reads out the list of selected competitors and the list of unsuccessful competitors, without stating the reasons for their elimination following the examination of the prospectuses, notices or other technical documents and/or the technical offer. 8 –The president then opens the envelopes marked « financial offer » and reads out the amounts indicated on the acts of commitment. 9 –The members of the commission shall initial the acts of commitment and, as appropriate, the price schedules, the itemised estimates, the price schedules -itemised estimates, the global price schedules, the breakdown of the global amount and, where applicable, the supply price schedules. Once this formality has been completed, the public session ends and the competitors and the public leave the room. 10 –The commission shall evaluate the financial offers in accordance with the provisions of articles 43 to 47 of this decree.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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