Décret n° 2-22-431 du 15 chaabane 1444 (8 mars 2023) relatif aux marchés publics
Article 94 : Modes de passation
Official English translation
Contracts for architectural services are awarded by open, simplified or restricted architectural consultation, by architectural competition, by negotiated architectural consultation or by grouped architectural consultation. 1 –The architectural consultation is said to be open when any competitor can obtain the consultation file and submit his application. It allows the project owner to choose the architect who has submitted the most advantageous bid, after a competition between architects, on the basis of an architectural consultation programme and a proposal from the architectural consultation jury. Open architectural consultation is used for projects with an estimated overall works budget of less than or equal to thirty million (30,000,000) dirhams excluding taxes. Architect's contracts relating to land subdivision operations are awarded through open architectural consultation. 2 –Open architectural consultation is said to be simplified when bids can only be submitted by novice architects. For the purposes of this article, a novice architect is any architect who has not been practising as a self-employed architect for more than five years. Simplified open architectural consultation is used for projects with an estimated overall works budget of less than or equal to three million (3,000,000) dirhams excluding taxes. The simplified open architectural consultation is concluded out under the conditions and the procedures laid down by this Decree for the open architectural consultation, subject to the following: –the jury for the simplified open architectural consultation is made up of the president and two members appointed by the project owner, at least one of whom is an architect, a representative from the General Treasury of the Kingdom or a representative of the Ministry of Finance in accordance with the provisions of article 38 of this decree, as the case may be; –The jury may call on any expert it deems useful to contribute to its work or set up a sub- commission. When the jury decides to consult an expert, the president of the jury asks the project owner to convene the expert concerned to take part in the work of the jury or the sub-commission. Decree on public procurement-No. 2-22-431-8 March 2023 87 The sub-commission may not be composed exclusively of members of the architectural competition jury. 3 –Architectural consultation is said to be restricted when bids can only be submitted by architects whom the project owner decides to consult. The number of architects to be consulted must not be less than five, at least two of whom must be based in the region concerned by the project. Restricted architectural consultation allows the project owner to choose the architect who has submitted the most advantageous bid, after a competition between architects consulted, on the basis of a restricted architectural consultation programme and a proposal from the consultation jury. Restricted architectural consultation is used for projects involving the development and maintenance of buildings with an estimated overall works budget of less than or equal to ten million (10,000,000) dirhams excluding taxes. 4 –An architectural competition is a procedure that pits architects against each other to enable the project owner to choose, after receiving a proposal from the competition jury, the design for a project and to subsequently entrust its author with the monitoring and control of its execution. The architectural competition also allows the project owner to reward the authors of the top- ranked projects within the limit provided for in the competition programme. Recourse to the architectural competition is compulsory for projects with an estimated overall works budget of more than thirty million (30,000,000) dirhams excluding taxes. However, the project owner may use this method of award even for projects whose amount is less than this limit. 5 –The negotiated architectural consultation allows the project owner to negotiate the terms of the contract with one or more architects under the conditions laid down in article 133 of this decree. 6 –The grouped architectural consultation is an open consultation carried out under the conditions and procedures set out in sub-section I of this chapter. The grouped architectural consultation allows : a) Two or more project owners to coordinate the provision of architectural services for small projects of the same nature, as part of a group of project owners set up in accordance with the provisions of article 155 of this decree; b) a single project owner to provide architectural services for several repetitive small projects of the same nature. Project owners may use the grouped architectural consultation for contracts for architectural services relating to the projects referred to in a) and b) above and for which the cumulative estimated budget of the works is less than or equal to ten million (10,000,000) dirhams excluding taxes. Decree on public procurement-No. 2-22-431-8 March 2023 88 First sub-section. – Architectural consultation
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.