Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 89 : Cas de recours aux marchés négociés
Official English translation
A negotiated contract may be awarded in one of the cases provided for in paragraphs I) and II) of this article. I) The following services may be the subject of negotiated contracts after prior publicity and competitive tendering: 1 –Services that have been the subject of a tendering procedure that has been declared unsuccessful under the conditions set out in articles 45 and 65 of this decree. In this case, the initial conditions of the contract must not be modified in any way and the period between the date on which the procedure was declared unsuccessful and the date of publication of the negotiated contract notice must not exceed twenty-one days. 2 –Services that the project owner arranges for third parties to carry out under the conditions set out in the original contract, following the default of his contractor. II) The following services may be the subject of negotiated contracts without prior publicity and without competitive tendering: Decree on public procurement-No. 2-22-431-8 March 2023 82 1 –Services which, due to their technical requirements or their complex nature requiring special expertise, can only be entrusted to a specific service provider. 2 –Services that the needs of national defence or public security require to be kept confidential and secret. Such contracts must first be authorised, on a case-by-case basis, by the Head of Government on the basis of a special report drawn up by the competent authority concerned. 3 –Objects whose manufacture is exclusively reserved for holders of invention patents. 4 –Services provided to public institutions which have exclusive rights under the legislation and regulations in force; 5 –Services to be carried out as part of a spontaneous bid based on a specific technology that only the bearer of the bid possesses or masters, as provided for in paragraph 3 of Article 13 of this Decree; 6 –Services to be carried out in cases of extreme urgency resulting from circumstances unforeseeable by the project owner and for which he is not responsible, and whose execution is not compatible with the deadlines required for prior publicity and competitive tendering. The purpose of these services is to deal with, in particular, a shortage or the occurrence of a catastrophic event such as an earthquake, floods, tidal wave, drought, epidemic, pandemic, epizootic, devastating plant diseases, locust invasion, fire, or buildings, dilapidated dwellings and structures threatening ruin, or the occurrence of an event endangering the security of networks and installations or the health of the consumer or animal or natural heritage. Contracts for these services must be strictly limited to the requirements necessary to deal with the emergency situation. 7 –Services of an urgent nature relating to territorial defence, population security or traffic safety, air or sea security, or those relating to the offshore exploration campaign, the performance of which must begin before all the terms and conditions of the contract have been defined. These services are provided in accordance with the forms and conditions set out in paragraph b) of article 90 below. 8 –Services related to the organisation of official ceremonies or visits of an urgent and unforeseeable nature, the performance of which is not compatible with the deadlines required for prior publicity and competitive tendering. 9 –The additional services to be entrusted to the contract holder, if there is an interest, from the point of view of the execution time or the smooth running of this execution, in not introducing a new contractor, supplier or service provider, when the services in question, unforeseen at the time of the award of the main contract, shall be considered as an accessory to the said contract and shall not exceed ten percent (10%) of its amount. As regard works, its execution must also involve equipment already installed or used on site by the contractor. The contracts for these additional services are drawn up in the form of amendments to the initial contracts relating thereto. Decree on public procurement-No. 2-22-431-8 March 2023 83
Published by the Moroccan public procurement portal. The French version is the only authoritative text.
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