Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 88 : Procédure négociée avec publicité préalable
Official English translation
1 –The negotiated procedure with prior publicity and competitive tendering shall be the subject of a notice of the call for competition published on the public procurement portal and in at least one nationally circulated newspaper chosen by the project owner. At the same time, this notice may be brought to the attention of potential competitors and, where appropriate, professional bodies, by inserting it in specialised publications or by any other means of advertising. 2 –The advertising notice shall specify : a) The subject of the negotiated contract with an indication of the place where the services are to be performed, the municipality, province or prefecture and region concerned ; b) The project owner carrying out the negotiated procedure ; c) The address and office of the project owner where the contract file may be collected; d) The documents to be provided by competitors; e) The address and office of the project owner where competitors' bids may be submitted or addressed; f) The email address of the public procurement portal from which the negotiated procedure file can be downloaded and, where applicable, that of the website or websites used by the project owner to publish the notice; g) The deadline for submitting applications. 3 –The period between the date of publication of the advertising notice in the latest publication medium and the deadline for receipt of applications shall be at least ten days. 4 –The file for the negotiated contract with prior publicity and competitive tendering includes, in particular: a) Copy of the advertising notice; b) The special specifications book; c) The plans and technical documents, where applicable; d) The model of the act of commitment; e) The elements of the technical offer, where applicable f) Models of the price schedule and the itemised estimate or the model of the price schedule- itemised estimate, in the case of a unit price contract; g) The model of the supply price schedule, where this is provided for in the special specifications book; h) For global price contracts, the model of the global price schedule and the breakdown of the global amount by item with or without indication of the lump-sum quantities; i) The model of the detailed breakdown of prices, where applicable; j) The model of the declaration of honor; k) The model of the workload plan declaration; l) The consultation regulations provided for in article 21 of this decree. With the exception of the plans and technical documents provided for in c) above, the negotiated contract file is published on the public procurement portal, made available to competitors and can be downloaded from the public procurement portal as soon as the notice is published. Decree on public procurement-No. 2-22-431-8 March 2023 81 5 –The competitor's application file consists of an administrative file and a technical file. The application file shall be placed in a sealed envelope. It must either be lodged, against receipt, at the project owner's office, or sent by registered letter with acknowledgement of receipt. 6 –After receipt of the application files, the negotiation commission examines the administrative and technical files and draws up the list of admitted competitors whose legal, technical and financial capacities are deemed sufficient. The number of competitors admitted to negotiate may not be less than three, unless the number of competitors admitted is less than three. The project owner sends a consultation letter to admitted competitors, setting a deadline for the submission of bids. He also sends a letter to unsuccessful competitors, giving them the reasons for their elimination. 7 –After receiving the bids, the commission begins negotiations with each of the admitted competitors, however many there may be. 8 –At the end of these negotiations, the commission proposes to the competent authority that the contract be awarded to the competitor who submitted the most economically advantageous tender as defined in article 43 of this decree. 9 –A report on the negotiations must be drawn up and signed by the president and the members of the negotiation commission. This report is placed in the contract file. This report must in particular include references to the publication of the negotiated contract notice in the newspaper and on the public procurement portal and the list of competitors who took part in these negotiations. It must also specify the content of the negotiations, the amounts of the competitors' bids and the reasons for choosing the successful competitor.
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.