Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 8 : Marchés reconductibles
Official English translation
1 –« Renewable contracts » may be awarded when the quantities of services that are predictable, repetitive and permanent can be determined as accurately as possible in advance by the project owner. 2 –Renewable contracts must determine, in particular, the specifications, consistency, implementation modalities and price of the services likely to be provided over a period not exceeding the year in which they are awarded. The list of services that may be the subject of renewable contracts is set out in Annex 3 to this decree. This list may 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 –Renewable contracts are concluded for a specific period not exceeding the current year. The special specifications book relating to renewable contracts include a tacit renewal clause. In this case, the renewable 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. 3 of this decree and five consecutive years for the services provided for in B) of the same annex. The duration of the renewable contract runs from the start date of the execution of the services fixed by service order. The non-renewal of the renewable 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 Decree on public procurement-No. 2-22-431-8 March 2023 10 in the special specifications book relating to the renewable contract. In the event of non- renewal, the renewable contract is terminated. 4 –During the term of the renewable 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 renewable contract so provides, either contracting party may request a review of the conditions of performance of the contract. In this case, the special specifications book relating to the renewable 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. The services to be provided under the renewable contract may be modified. These modifications are made under the conditions set out in the general administrative clauses book applicable to the service covered by the renewable contract. 5 –The accounting commitment for the renewable contract shall cover each year the total amount of the contract . 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 corresponds to the period remaining to achieve the total duration of the renewable contract. When the accounting commitment for the amount of the renewable contract has not been made for a given year, the contract must be terminated. 6 –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 renewable contract, for the amount of the services provided during the entire term of the renewable contract.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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Essayer Soumize gratuitementB.O. n° 7184 du 6 avril 2023. Texte reproduit à titre d'information ; seule la publication au Bulletin officiel fait foi.