Contracts awarding

2006-975 Decree, Aug 1 2006 (French Public Procurements Regulations- Code des Marchés Publics)
(Source : French official publication “Journal Officiel”)

Public procurements and framework agreements are awarded by the contracting authorities according to legal procedures mentioned in the “Article 26” of the public procurements regulations: Open or Restricted Procedures, Negotiated Procedure, Competitive Dialogue, Contests and the French Dynamic Acquisition System (S.A.D).

Public procurements and framework agreements can also be awarded according to an adapted procedure, in line with conditions defined in the “Article 28”, when the estimated value is below the € 125,000 before tax for State procurements and € 193,000 before tax for local authorities thresholds (December 2009).

The regulations provides the possibility to award a public procurement without prior publication of a contract notices nor competitive tendering in some exceptional defined cases to adapted procedures in the “Article28” but also to all public procurements which estimated value is below € 20,000 before tax (including service contracts from the “Article 30” below this threshold) and to certain negotiated procedures  in case of an urgent emergency resulting from unpredictable circumstances)

As for procurements which estimated value stands between € 20,000 and 90,000 before tax, with or without prior publication contract notices depends on the procurement characteristics, particularly the value and nature of the public work, supply or services concerned.  For formalized procedures, publication rules are still the same.

Achats Publics will inform identified and registered companies on changes or amendments to the public procurements regulation by sending regular news and allows access to awarding procedures forms.

To view official texts : legifrance.gouv.fr

Electronic-Public Procurements (E-procurements)

The objectives of www.achatspublics.fr network services are in line with the European issue to modernize and simplify bureaucracy through an electronic system which was implemented by Article 56 of the French New Public Procurement Regulations (nouveau Code des Marchés Publics).

It validates the possibility to use both physical (paper) and electronic (mail) devices and to get a backup when using electronic sending.

State and local Authorities

State and local authorities and public companies procurements amount to € 120 Billion per year, that 10% of the GDP.

More than 50% of the procurements are below € 90,000 before tax and concern all sort of various- sized companies (manufacturers, distributors, craftsmen, service providers…). All sectors of activity and all skills are concerned by Public Procurements.

E-procedure

The French Dynamic Acquisition System (S.A.D) is an electronic device for standard procurements.

It is limited in time and open during all its time to all companies which fit the selection conditions and which introduced an indicative bid in conformity with the terms and conditions (Article 78 of the CMP).