Public procurement reform Promoting transparency and equal opportunities according to international standards

Economy of the East

Due to the amounts involved, estimated at hundreds of billions of dirhams, public procurement generates a lot of interest, especially among parliamentarians. The Minister of Budget had the opportunity to present the measures of the new regulation aimed at improving the governance of public demand.

Faouzi Lekjaa recently presented to parliament a series of measures taken that are in line with international principles of public procurement. These measures call for transparency and a level playing field between competitors. The minister explained that the national public procurement management system has been modernized to comply with international standards and practices in this field. As a result, Moroccan companies now have access to public procurement under conditions and procedures similar to those practiced internationally.

The minister used the opportunity of his presence with parliamentarians to remind them of the procedures and measures stipulated in the new decree on public procurement. Among them is the inclusion by the entrepreneur of the estimated amount of the deal in the notice of the call for competition. In this regard, it should be noted that before any call for competition or any negotiations, the entrepreneur prepares an estimate of the cost of the works to be carried out, based on the characteristics and content of these works. It must take into account the prices applicable in the market, as well as all considerations and constraints, especially those related to the terms and conditions of execution. The cost estimate may also be prepared on the basis of price references, if available.

Similarly, at the beginning of each fiscal year, and at the latest by the end of the first quarter, the entrepreneur must publish a three-year forecast of the transactions he intends to conclude during the year in question and the following two years. This publication is done in a national newspaper and on the public procurement portal. This forecast program is also displayed at the headquarters of the entrepreneur's entity for a period of at least 30 days. In addition, the Consultation Regulation is a document that defines the criteria for evaluating competitors' proposals and awarding the deal, ensuring that these criteria are objective, non-discriminatory and proportionate to the content of the services. The consultation list is delivered to the members of the Open Envelope Committee and the bidders prior to the submission of bids.

Before any invitation to tender, the entrepreneur prepares a precise set of conditions, clearly specifying the needs to be met, the technical specifications and the content of the services, without these specifications constituting an obstacle to free access to public procurement. The entrepreneur must send the application file to the members of the committee at least six days before publishing the notice of the request for proposals or sending the circular letter to the competitors, as the case may be, so that they can submit their comments. He must also ensure wide dissemination of the requests for proposals, by publishing the notice on the public procurement portal and in two national newspapers.

Implementation control

In front of parliamentarians, the minister elaborated on the procedures and measures to monitor the timely execution of transactions. In this context, it is worth mentioning the elements of monitoring, including the obligation to subject deals exceeding 3 million dirhams and negotiated deals exceeding 1 million dirhams, as well as their annexes, to monitoring and auditing at the initiative of the relevant minister. It also obliges the entrepreneur to prepare an end-of-execution report within a maximum of three months after the final handover of the works, for deals exceeding one million dirhams and their annexes. The entrepreneur must prepare a presentation report for each project.

15-day appeal process

The envelopes containing the competitors' offers must be opened in a public session. The financial offers of the competitors are evaluated and the most economically advantageous offer is selected by a specialized committee. The entrepreneur must justify and communicate the decision to exclude unacceptable competitors. This framework has also been strengthened with procedures for appeals and complaints, with a 15-day waiting period before the approval of the deal, to enable competitors to submit their appeals. Competitors can also appeal directly to the National Commission for Public Procurement. A procedure aimed at avoiding and penalizing conflicts of interest has also been introduced.

All these measures were complemented by the creation of the Moroccan Observatory for Public Procurement, which is tasked with creating and updating a national database on public procurement. This body is also required to develop indicators to monitor the performance of public procurement and to produce and publish accounting, financial and economic data related to public procurement.