Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 82 : Evaluation et classement des projets et
Official English translation
I) the competition jury shall evaluate the projects proposed by the competitors behind closed doors. Before making its decision, the jury may consult any expert or technician in order to enlighten it on particular points of the proposed projects or set up a sub-commission to analyse them. When the competition jury decides to consult an expert or a technician, the president of the jury asks the project owner to convene the expert and/or technician concerned to take part in the work of the jury or sub-commission. The sub-commission may not be composed exclusively of members of the jury. The assessments made by the experts, technicians or members of the sub-commission must be objective, non-discriminatory, verifiable and duly motivated. These assessments must not concern the admissibility or otherwise of the projects. The conclusions of the experts, technicians or members of the sub-commission are recorded in reports which they draw up and sign under their own responsibility. Decree on public procurement-No. 2-22-431-8 March 2023 75 Before issuing its opinion, the jury may contact the competitors in writing in order to provide clarification on their projects. It may also ask one or more competitors to make some changes to their projects. These modifications may relate to the design and/or implementation of the project. In this case, the competitor shall, where applicable, be required to indicate the cost resulting from these modifications. The processes and costs proposed by competitors may not be disclosed to other competitors. The jury rejects any project whose completion cost exceeds the maximum estimated budget set out in the competition programme, for the execution of the project. II) The jury then evaluates and ranks the projects on the basis of the criteria set out in the competition rules, as follows: A. Where the competition is concerned solely with the design of a project, The jury shall rank the projects on the basis of the technical and aesthetic value of each project and its overall cost, in accordance with the criteria set out in the competition rules; The jury rejects projects that do not meet the criteria set out in the competition rules and decides which projects are to be selected. The competition jury rates the project according to the criteria set out in the competition rules, assigning a score out of one hundred (100) to each criterion ; the jury rates the estimated cost of the proposed project, excluding taxes, by assigning a score out of one hundred (100) points to the lowest estimate and marks inversely proportional to the amounts of the other estimates. In order to rank the bids and draw up the list of competitors to be awarded prizes, the jury will weight the scores obtained by each competitor according to the proposed project and the estimated cost of the project excluding taxes. The overall score will be obtained by adding together the technical score and the score for the estimated cost excluding taxes of the project, after applying a weighting as follows: –Eighty per cent (80%) for the proposed project ; –Twenty percent (20%) for the proposed cost excluding taxes of the project. B. When the competition concerns one of the cases provided for in sub-paragraphs b), c) and d) of paragraph 1) of article 66 of this decree: 1 –Cases provided for in subparagraphs b) and c) of article 66 of this decree : The jury shall examine and evaluate the projects on the basis of the technical and aesthetic value of each project, its cost and, where applicable, the conditions of its execution, in accordance with the criteria set out in the competition rules. The jury rejects projects that do not meet the criteria set out in the competition rules and decides which projects are to be selected. If necessary, the competition jury will finalise with the selected competitors the terms of the draft contract to be submitted to the project owner and negotiate the possible repercussions of the above changes on the cost of the project. The competition jury rates the project according to the criteria set out in the competition rules, assigning a score out of one hundred (100) to each criterion. Decree on public procurement-No. 2-22-431-8 March 2023 76 The competition jury rates the estimated cost of the proposed project, excluding taxes, by assigning a score out of one hundred (100) points to the lowest estimate and marks inversely proportional to the amounts of the other estimates. At the end of this evaluation, the public session shall be resumed on the date and at the time announced by the president of the jury, as posted by the project owner. The competition jury opens the envelopes containing the competitors' financial bids, in accordance with the provisions of article 42 of this decree. Once this formality has been completed, the public session is closed. The public and the competitors leave the room. The jury continues its work behind closed doors. It excludes competitors whose financial offers: –Do not comply with the subject of the contract ; –Are not signed; –Are signed by a person not authorised to bind the competitor concerned with regard to the document or documents justifying the powers conferred; –Express restrictions or reservations; –Present differences in the price wording, the unit of account or the quantities compared to the data provided in the technical description, in the price schedule and the itemised estimate. The jury then verifies the arithmetic operations of the financial bids submitted by the selected competitors, taking into account any discounts granted in these bids. Where necessary, it corrects any calculation errors and re-establishes the exact amounts of the bids concerned. The jury evaluates and rates the financial bids, assigning a score out of one hundred (100) points to the lowest bid and marks inversely proportional to the amounts of the other bids. The jury evaluates the bids in order to select the most economically advantageous bid. To this end, it weights the scores obtained by each competitor according to the project proposed, the estimated cost of the project excluding taxes and the financial offer. The overall score will be obtained by adding together the technical score, the score for the estimated overall cost of the project, excluding taxes, and the financial score, after applying a weighting as follows: – Seventy percent (70%) for the proposed project ; – Twenty per cent (20%) for the proposed overall cost of the project, excluding taxes; – Ten percent (10%) for the financial offer. In this case, the special specifications book must stipulate a tolerance threshold in relation to the estimated overall cost of the project on the basis of which the contract is awarded, as well as the consequences for the successful competitor if the said tolerance threshold is exceeded. 2 –Case provided for in d) paragraph 1) of article 66 referred to above : After examining and evaluating the projects concerning the design-build contract, the jury determines the overall score for each project by adding together the technical score and the financial score obtained in accordance with subparagraph 1 of B above, after applying a weighting as follows: –Seventy percent (70%) for the proposed project; Decree on public procurement-No. 2-22-431-8 March 2023 77 –Thirty percent (30%) for the financial offer. III) The jury then ranks the competitors' projects. The competitor with the highest overall score is ranked first. If two or more projects have obtained equivalent overall scores, the jury shall select the competitor with the best technical score for the proposed project. If these technical scores are also equivalent, the jury will draw lots to rank the competitors. IV) Following this ranking, the president of the competition jury invites, by registered letter with acknowledgement of receipt, the competitors concerned to : a) Produce the additional documents of the administrative file provided for in the third paragraph of A of II) of article 53 of this decree ; b) Confirm, where applicable, the rectification of any material errors found; c) Rectify, if necessary, discrepancies between the various documents of their files. To this end, the jury sets a deadline of at least seven days from the date of receipt of the letter of invitation. The president of the jury suspends the project evaluation and ranking session and sets the date and time for resuming the session. Competitors' responses shall be submitted in a sealed envelope, which shall clearly include the following information: –the name and address of the competitor; –the subject of the competition; –the warning that « the envelope must only be opened by the president of the jury» and clearly marked « supplementary information to the file and response elements ». This envelope must either be lodged, against receipt, at the project owner's office indicated in the letter of invitation, or sent by registered letter with acknowledgement of receipt or by electronic means in accordance with the provisions of article 135 of this decree. The deposit of this envelope is recorded in the special register provided for in article 4 of this decree. The jury meets at the place, on the day and at the time set for the resumption of the session, checks the existence of the medium used to invite the competitors concerned and verifies the responses and documents received. After examining the documents and answers received, the jury : 1 –Excludes any competitor who: –Fails to reply within the given time limit; –Does not produce the required documents or produces non-conforming documents; –Fails to rectify any discrepancies noted ; –Does not confirm the rectification of material errors requested. 2 –Then draws up the final list of competitors who satisfy the conditions laid down in a), b) and c) of IV above; 3 –Proposes to the project owner that it select the project ranked first and award a prize to the five top ranked candidates. Decree on public procurement-No. 2-22-431-8 March 2023 78 Prizes are not awarded to competitors excluded in accordance with the provisions of 1) above. The ranking proposed by the jury may not be changed under any circumstances.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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