Public procurement

Public order: changes as of January 1, 2023

Publié le null - Directorate for Legal and Administrative Information (Prime Minister)

A decree of 28 December 2022 introduces various amendments relating to public procurement on 1er January 2023. In particular, it extends the procedure for exempting works contracts up to €100,000 from advertising and calling for competition and increases the minimum rate of the advance granted to the holder for contracts concluded by the State with an SME.

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Image 1Crédits: © Olivier Le Moal - stock.adobe.com

Extension of the exemption from advertising and competitive tendering for works contracts of less than EUR 100 000

Introduced by the Law on Acceleration and Simplification of Public Action (ASAP) of 7 December 2020, the possibility for purchasers to conclude a works contract meeting a need whose estimated value is less than €100 000 HT: titleContent without advertising or calling for competition shall be extended until 31 december 2024. It was originally scheduled to end on December 31, 2022.

This extension shall also apply to lots for works of less than € 100 000 HT: titleContent. However, the aggregate amount of such lots shall not exceed 20 % of the total estimated value of all lots.

Public procurement by the State with an SME: upgrading of the minimum rate of the advance granted to the holder

Decree No. 2022-1683 of 28 December 2022 also increases the minimum amount of the advance granted to the holder of a public contract to 30% of the initial amount inclusive of all taxes (including taxes) of the contract when the latter is awarded by the State with a SMB. This rate was previously set at 20%.

In addition, staggering is introduced (in the silence of the contract) in the repayment of the advance, taking account of the amount of the advance and the sums still due to the holder. This so-called "prepayment" refund is made on the sums due to the holder. It begins:

  • for advances equal to or less than 30 % of the contract value, including VAT, where the value of the services performed reaches 65 % of the contract value, including VAT;
  • for advances exceeding 30 % of the contract's inclusive amount, at the first request for payment.

More dematerialization

Since 1er in january 2023, candidates or tenderers for a public contract may transmit to the purchaser a backup copy of the documents transmitted by electronic means during the procurement procedure. However, the deadline for submitting applications or tenders must be respected.

The details of the transmissions will soon be communicated by decree.

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