Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 87 : Principes
Official English translation
Principles 1 –The negotiated procedure is a method of awarding contracts whereby a negotiation commission selects the successful tenderer after consulting one or more competitors, as the case may be, and negotiating the terms of the contract. These negotiations especially concern the price, the period of performance, the date of completion or delivery and the conditions of performance or delivery of the service. They may not, under any circumstances, relate to the subject or consistency of the contract. 2 –The negotiation commission is made up of the president, his deputy and two representatives from the project owner's organisation, appointed by the president. The commission may call on any person, expert or technician it deems useful to contribute to its work. When the negotiation commission decides to consult an expert or a technician, the president of the commission asks the project owner to invite the expert and/or technician concerned to take part in the work of the commission. 3 –Negotiated contracts are awarded with prior publicity and competitive tendering or without prior publicity and competitive tendering. Negotiated contracts with prior publicity and competitive tendering are awarded in accordance with the provisions of article 88 of this decree. With the exception of the cases provided for in subparagraphs 7 and 9 of paragraph II) of Article 89 below, negotiated contracts without prior publicity and competitive tendering are awarded after negotiation of the terms of the contract by the negotiation commission with the competitor or competitors consulted. The negotiations shall be the subject of the report referred to in paragraph 9 of Article 88 below. 4 –Any candidate for a negotiated contract must provide, at the beginning of the procedure, an administrative file and a technical file comprising all the documents provided for in article 28 of this decree. 5 –With the exception of the case referred to in subparagraph 2 of paragraph II) of Article 89 below, the award of a negotiated contract shall give rise to the drawing up, by the project owner, of an administrative certificate relating to the head of exception justifying the use of the negotiated procedure and explaining, in particular, the reasons for the choice of this procedure. 6 –The competent authority may, by motivated decision, terminate the negotiated procedure at any time. The decision to cancel the negotiated procedure without prior publicity and competitive tendering is placed in the contract file. Decree on public procurement-No. 2-22-431-8 March 2023 80 The decision to cancel the negotiated procedure with prior publicity and competitive tendering is published on the public procurement portal and placed in the contract file.
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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