Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 91 : Champ d’application
Official English translation
1 –Purchase orders may be used to acquire supplies and carry out work or services, up to a limit of five hundred thousand (500,000) dirhams, all taxes included. The limit of five hundred thousand (500,000) dirhams referred to above is assessed within the framework of a budget year, according to services of the same nature and according to each authorising officer or sub-authorising officer. In case of departments in charge of national defence or public security, this limit is also assessed by an authorised person appointed by order of the Head of Government adopted on a proposal from the Minister concerned, after approval by the Minister of Finance. 2 –The list of services that may be the subject of purchase orders is set out in Annex No. 4 of this decree. This list may be amended or supplemented by order of the Minister of Finance, adopted on a proposal from the Minister concerned, after obtaining the opinion of the National Commission for Public Procurement. 3 –The purchase orders determine the specifications and consistency of the services to be provided and, where applicable, the turnaround time or delivery date and the guarantee conditions. 4 –The services to be provided under purchase orders must be subject to prior competition, except where competition is not possible or is incompatible with the nature of the services. Where competition is not possible or is incompatible with the nature of the services, the project owner or the authorised person must draw up an administrative certificate justifying this impossibility or incompatibility. The project owner is required to publish a purchase notice on the public procurement portal for a period of not less than forty-eight hours. The purchase notice shall specify: a) The subject and consistency of the service ; Decree on public procurement-No. 2-22-431-8 March 2023 84 b) The place and the turnaround time or the delivery date of the service; c) The address of the project owner's office where competitors' quotes can be submitted; d) The date and time limit by which competitors' quotes must be received. 5 –The quotes signed by the competitor is placed in a sealed envelope and lodged at the project owner's offices. The envelopes lodged are recorded by the project owner in a register dedicated to purchase orders. 6 –Envelopes containing the quotes may also be lodged electronically, under the conditions and procedures laid down by order of the Minister of Finance. Quotes must state the competitor's name or his identity and address, the professional tax registration number, the bank identity statement and, where applicable, the number of affiliation to the National Social Security Fund or any other special social security scheme. 7 –The project owner then examines the quotes received and ranks them in ascending order according to their amount, after rectifying any calculation errors. The project owner awards the purchase order to the competitor who submitted the lowest bid, after confirming, where applicable, any rectification of calculation errors. 8 –In the event that two or more bids are deemed to be equivalent, preference is given to the bid submitted by the competitor carrying out its activities in the place where the service is to be provided. This preference is given, in order of priority, to the bid submitted by the competitor carrying out its activities within the territorial jurisdiction of the municipality, province, prefecture or region. If the bids deemed to be equivalent are those submitted by competitors carrying out their activities within the territorial jurisdiction of the same municipality, the same province or prefecture or the same region, lots shall be drawn, in order of priority, to decide between them. 9 –The project owner posts a notice regarding the results of examination of the quotes on its premises for a period of three days and publishes it on the public procurement portal. This notice shall specify the subject of the purchase order, the number of competitors who have submitted quotes, as well as the winner of the purchase order and the amount of its bid. 10 –At the beginning of each financial year, the project owner is required to publish a list on the public procurement portal, showing, by type of service, the number of purchase orders concluded during the previous financial year and their total value. Chapter V Architectural services Section one. –General provisions
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.