Article 9 : Marchés à tranches conditionnelles

Conditional stage-payment contracts are contracts for which provision is made for a firm instalment covered by available appropriations which the holder is certain to carry out, and one or more conditional instalments, the performance of which is subject to the availability of appropriations and to the notification of one or more service orders prescribing the performance of the instalment or instalments in question within the time limits laid down in the contract. Both the firm instalment and the conditional instalments each constitute a coherent, autonomous and functional range of services. Conditional stage-payment contracts cover the entire service and define the consistency, price and implementation modalities of each instalment. If the service order relating to one or more conditional instalments cannot be given within the prescribed time limits, the holder contractor may, at his request : Decree on public procurement-No. 2-22-431-8 March 2023 11 –Receive a waiting allowance if the contract so provides and under the conditions defined therein; –Waive performance of the conditional instalment(s) concerned. If the project owner decides to give up performing out one or more conditional instalments, he will notify this decision to the holder by means of a service order. In this case, a compensation known as "reverse termination fee" is granted to the holder, if the contract so provides and under the conditions defined therein.

Published by the Moroccan public procurement portal. The French version is the only authoritative text.