Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 7 : Marchés-cadre
Official English translation
Framework contracts 1 –Notwithstanding the provisions of Article 5 above, so-called « framework contracts » may be awarded when the quantification and rate of performance of a service of a predictable, repetitive and permanent nature cannot be determined entirely in advance. Decree on public procurement-No. 2-22-431-8 March 2023 8 Framework contracts cover only the minimum and maximum value or quantity of services likely to be ordered during a given period not exceeding the year in which they are awarded. These minimum and maximum values and quantities must be set by the project owner prior to any call for competition or negotiation. The maximum value of the services cannot be greater than twice the minimum. 2 –Framework contracts determine, in particular, the specifications and the price of the services or the methods for determining this price. The list of services that may be the subject of framework contracts is set out in Annex 2 to this decree. This list may, where applicable, be amended or supplemented by an order of the Minister of Finance adopted on a proposal from the government authority concerned and after obtaining the opinion of the National Commission for Public Procurement. 3 –Framework contracts are concluded for a fixed term not exceeding the current year. The special specifications book relating to framework contracts include a tacit renewal clause. In this case, the framework contracts are tacitly renewed from one year to the next, within the limit of a total duration of three consecutive years for the services provided for in A) of Annex no. 2 of this decree and five consecutive years for the services provided for in B) of the same annex. The duration of the framework contract runs from the start date of the execution of the services fixed by service order. The non-renewal of the framework contract shall be initiated by one of the two parties to the contract, subject to prior notice drawn up in accordance with the terms and conditions set out in the special specifications book relating to the framework contract. In the event of non- renewal, the framework contract is terminated. 4 –During the term of the framework contract, the quantities of the services to be performed and their execution time are specified for each order by the project owner based on the needs to be met. If the framework contract so provides, either contracting party may request a review of the terms and conditions of performance of the contract. In this case, the special specifications book relating to the framework contract will set out the conditions that may be subject to this revision. The revision is introduced by means of an amendment. If no agreement is reached on this revision, the contract must be terminated. 5 –Notwithstanding the provisions of sub-paragraph 3 of the first paragraph of this article, the quantity or value of the services to be performed may be readjusted, as the case may be, up to a limit of : –Ten percent (10%) of the maximum, in the event of an increase ; –Twenty-five per cent (25%) of the minimum, in case of a decrease. The rates of ten per cent (10%) and twenty-five per cent (25%) referred to above are assessed in connection with the total duration of the framework contract by means of a single readjustment or several partial readjustments. Any readjustment is introduced by amendment. Decree on public procurement-No. 2-22-431-8 March 2023 9 6 –The accounting commitment for the framework contract shall each year cover the maximum amount. However, for the first year, this commitment may, where appropriate, relate to the amount corresponding to the needs to be met or to the proportion of the period considered, within the limit of the payment appropriations available for the current budget year. For the last year, the accounting commitment must relate to the amount corresponding to the needs to be met or to the proportion of the period remaining to achieve the total duration of the framework contract, provided, however, that the cumulative amount of the commitments under the framework contract may not exceed three times the maximum amount, readjusted if necessary, for the services provided for in A) of Annex No. 2 to this Decree and five times the maximum amount, readjusted if necessary, for the services provided for in B) of the same Annex. When the accounting commitment for the amount of the framework contract has not been made for a given year, the contract must be terminated. 7 –At the end of each budget year, the project owner draws up a partial final statement for the amount of the services provided during the period in question and a final and general statement at the end of the last period of the framework contract, for the amount of the services provided during the entire term of the framework contract.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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