ماهية طلب العروض في المرسوم الرئاسي رقم 15-247 المتضمن تنظيم الصفقات العمومية و تفويضات المرفق العام

Abstract EN

The article n◦ 40 of the public procurement regulation n° 15-247 stipulates "the tender offer procedure".

In its French formulation it provides for "Appel d’offres" procedure, in which it comes to mind that the new organization of public procurement has improved an administrative procurement methods and has relinquish the tender procedure which depends on the permit mechanism of the lowest prices while prohibiting the text of the same article 40 from negotiating with candidates.

Therefore, the tender offer is also different from the "method of practice" which is known in the administrative contracts theory and depends on the competition between candidates and the entrance of the contracting authority into negotiations with them to obtain the best economic conditions to conclude the Administrative contract.

This study aims to show the essence of the tender offer as a means of selecting the contracting customer.

through the examination of the texts of public procurement regulations shows that the legislator always relies on the price criterion to determine the best economic offer, which indicates that the tender .

offer is a development of a tender method