Public Procurement in Morocco

• The presentation covers public procurement in Morocco, focusing on regulations, definitions, key players, principles, and procedures

Course Reference

• Moroccan public procurement is governed by Decree No. 2-12-349 of 8 Joumada Ier 1434, equivalent to March 20, 2013

Definition of a Market (Procurement Contract):

• It is a contract concluded for consideration between a client and a natural or legal person performing works, delivering supplies, or providing services

Public Bodies Involved in Procurement Include:

• State services like ministries and high commissions
• Public institutions like OFPPT, ONDA, ONEE, regional agencies, chambers of agriculture/handicrafts, CNSS, and NARSA
• Territorial collectivities are communes and provinces/prefectures, citing examples like the communes of Tangier and Saidia

Fundamental Principles of Public Procurement Include:

• Freedom of access to public contracts for all companies
• Equality in the treatment of competitors with information access and guaranteed rights
• Transparency in client choices; the procedure must be written, selection criteria must be objective and predetermined
• Competition and good governance; procedures must adhere to good governance rules, ensuring the best quality/price ratio
• Environmental protection and sustainable development are considered

Client (Maître d'ouvrage) Definition:

• The authority that, on behalf of a public body, enters into a contract with a contractor, supplier, or service provider
• It is the landowner and, consequently, the owner of the construction, acting for its own account

Client Responsibilities Before Initiating a Consultation Include:

• Ensuring feasibility and opportunity
• Determining location
• Defining the program
• Setting a preliminary financial envelope
• Securing funding
• Choosing consultation procedures for project management and companies

Delegated Client (Maître d'ouvrage délégué) Definition:

• Public administration, public institution, a state-owned company, or public subsidiary entrusted with specific client missions
• Represents the client to third parties while executing delegated powers until the client acknowledges mission completion under agreed conditions
• The client defines the tasks
• It is designated by way of agreement between the client and the delegated client, represents the client, has a defined mission, and is only responsible for assigned tasks

Missions of the Delegated Client Can Include:

• Defining administrative and technical conditions
• Monitoring and coordinating studies
• Reviewing preliminary and detailed designs
• Approving preliminary and detailed designs
• Preparing consultation files
• Awarding contracts per decree regulations
• Managing contracts with competent authority approval
• Supervising, coordinating, and controlling the work
• Receiving the completed structure

Key Stakeholders in a Construction Project Include:

• Project management which consists of architects and design offices take place upstream and downstream,
• Upstream which makes up the conception of the structure, brings architectural, technical and economic responses to the program
• Downstream - surveillance and coordination of works;
• Profession is generally practiced by architects and engineers

Parties Involved in a Construction Project Include:

• Control office, preventing technical hazards during construction which addresses the solidity, equipment, and safety conditions;
• Coordination bureau which is OPC, land surveyor, topographer;
• Laboratory

Construction Company Responsibilities

• Executing works according to professional standards using necessary means

Legal Status of a Company Include:

• Active, in judicial liquidation which is in the process of disappearing, entailing an extinction of moral personality,
• Under judicial receivership which faces financial problems and a delicate position, potentially

Ineligible Companies for Participating in Calls for Tenders:

• Those in judicial liquidation or receivership without special judicial authorization or firms sanctioned temporarily or permanently,
• A list of excluded companies is available on the Ministry of Equipment and Water's website, specifically in the client section for contractors known as black listing.

Key stages of a Project Launch are:

• Preliminary studies (outline); preliminary summary design,
• Choosing the variant ,detailed preliminary design, launch of the contract (AO), implementation project.

Preliminary Summary Design:

• It specifies the overall construction composition, technical solutions retained;
• It may include a schedule and initial cost/duration estimate, needing confirmation by a final preliminary study

Detailed Preliminary Design:

• The client is obligated to define needs, technical specs, and service consistency accurately;
• Specs must adhere to Moroccan or international standards, be based on performance, capacity, and quality, without mentioning commercial brands unless no precise alternative exists with the phrase the "or equivalent";
• The client develops a cost estimate before competition based on defined services and market prices, considering execution conditions and timeframe
• The calculation of the price and the total are always signed by the client
• An estimate is created for each lot if there are multiple

Types of Markets (Procurement Contracts) Include:

• Service such as realization of services that cannot be qualified either for supplying works or for materials or furnishing
• Supply, for the purchase or the rent with an option of purchase of product or of materials
• Works for the execution of works relating to construction, reconstruction, demolition, repair, or renovation

Definition of Works Contracts:

• Relative to construction, reconstruction, demolition, repair, renovation, or maintenance of a building, structure, or reforestation work,

Definition of Supply Contracts:

• Those for purchasing products or materials, including incidental services; and customary with the acquisition by the project management of product existing on the market, made to the owner's specification.

Definition of Service Contracts:

• Those for services not classified as works or supplies, including maintenance, equipment, cleaning, security, client assistance, training, lab services, designs, etc.

Terminology in Public Procurement Includes:

• A candidate who expressed the desire for participate to a consultation
• A competitor is an entrepreneur, a candidate having been consulted and having sent back a bid.
• A selected the offer judged most interesting.

Terminology definitions for Procurement:

• Awardee is the MO to decide to conclude the market with the winner or the contractor to retain;
• Holder is the contractor having received notification of the contract;
• Representative is the contractor having a mandate to represent the firms of joint grouping or solidary

More Procurement Terminology:

• Services are works, supplies, or services
• Service provider is an entrepreneur, supplier, or service provider
• Grouping is two or more competitors that sign a single commitment which will be article 157 below.

Grouping Types:

• Joint is each member of the grouping agrees to run one or several distinct parts of the project,
• A representative is responsible for all the project towards the management of work.
• Solidary is all the members of a grouping agree solidairement vis-à-vis of the MO for the realization of the entirety of the market
• Bill of quantities is a document which contains decomposition by item of the services to run and indicates for each of the positions, the price applicable.

Types of price definitions:

• Global market price
• Market price unitaires
• Market price mixed
• Market price-percentage

Global pricing:

• A lump sum price is it covers all of the services which are the object of the market.

Characteristic of the prices Include:

• Firm pricing, meaning it market does not change on its reasons of economic variations during the period for its run; revisable pricing because it can vary; at the provisional of the market.

Firm Pricing Details:

• The market price is close when he can not be modified because of the economic variations arose during the period of period for its run; and the market under which the period anticipated for its performance is less than or equals a year, is passed on the basis of firm price

Documents Governing the Award of Contract Includes:

• Written contracts with specifications detailing conditions for awarding and executing contracts, including administrative clauses, common specifications, and special specifications
• The book of specifications is CCAG+CPC+CPS - CCAG is book of administrative general clauses;
• CPC is book of common prescriptions ;
• CPS is a book of special prescriptions

Technical specifications for construction, supply, and service contracts

• Standard specifications apply to all construction, supply, or service contracts or a particular category, and has been approved by decree
• The applicable standard specifications are those corresponding to the predominant category of services if a market has multiple categories

Common specification Include:

• Essential technical specifications for all markets covering the same type of works, supplies, or services under the same ministerial department or specialized service
• Can address all category-related technical specifications approved by the relevant ministry

Special specifications Include:

• Terms are specific to each market, with reference to general texts, signed by the client before launching the procedure.

Special Specification Must Include:

• Type of awarding procedure, identification of the contracting parties, aim and scope of services, a list of documents, price based on terms, timing, terms of acceptance, agreement, and the competent authority to sign it

Contract Award Procedures Include:

• Competitive bidding, open call to tender, and restricted call to tender,
• An open invitation to tender where all the enterprises can access the market unlike the restricted.

The competitive bidding type is when..

• The public body chooses specific firms like the "with selection", or in the project must be a design from scratch, or the combination of planning and building all tied together

Stages in open invitation to tender:

• Have the notice of the public body , all candidates registered in the service and receive the information, submit an application and hand it in , all is evaluated by a committee and then some applications are dropped or retained.

Conditions of restricted tender:

• The product or company offered is specialist to a limited amount of contractors and suppliers available, is also if the project amount is less than 2 million dirhams tax excluding. There is a minimum consultation of 3 companies.

"Call for a tender with some selection criteria":

• Is based around selecting the appropriate bids on some complex projects

Essential Documents in a Call for Tenders Include:

• The Tender file contains a list of documents to be given by suppliers, administrative documents, provisional bail documents and information
• The Commission of the Tender to the relevant firms
• The Publishing of the Tender for works to begin.

In a Tender you evaluate the firm based on::

• The quality of what they offer
• As the commission decide if the offer is with or not to specification
• And classify and list the order of what the firm is worth to the tender

General points include to add to your application:

• A-You must hand in a admin file which states declarations; all is ok in the company, to which the public body, is also all correct
• B-The business has been checked which includes checking the business records or what has been going on
• Can also include the technical ability; from a specialist
• And is also why the client needs specialist bail.