Public procurement

Degraded public equipment: adoption of derogations for public procurement

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

Following the urban violence of June 2023, exceptional public procurement measures were taken to accelerate and facilitate the return to normal operation of public services. They shall apply for a period of 9 months. Explanations with Entrepreneur.Service-Public.fr.

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Image 1Crédits: Serhii - stock.adobe.com

In an Ordinance of 26 July 2023, the Government adopted derogations to simplify public procurement and allow for a rapid return to normal operation of public services.

Which public contracts are concerned?

All temporary measures adopted shall apply to public procurement necessary for the reconstruction of public facilities (roads, networks, bus shelters, sports or cultural facilities,...) and buildings (town halls, police stations, schools, media libraries,...) degraded or destroyed during the urban violence between 27 June and 5 July 2023.

What are these derogations?

Now and until april 28, 2024, the following derogations shall apply:

  • possibility for the public purchaser to use a negotiated procedure without prior notice but with a call for competition for contracts the amount of which is less than EUR 1,5 million excluding taxes. This measure shall also apply to lots the amount of which is less than EUR 1 million excluding taxes, at the condition the aggregate amount of those lots does not exceed 20% the total estimated value of all the lots in an allotted contract;
  • derogation from the allotment principle for the public purchaser;
  • temporary creation of a new case of use of the design-realization contract. For the public contracts covered by the order, the purchaser may entrust a single economic operator with a global task relating to the design and execution of the necessary works. It therefore awards a single public contract for these two operations.

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