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22 mai

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THE PUBLIC PROCUREMENT DIVISION WOULD LIKE TO INFORM YOU THAT CONTRACT ADVERTISING CAN BE VIEWED ON

"achatpublic.com"

 Public procurement: Why? How?

 

 

Any procurement of even a euro must be made according to the provisions of the Code des marchés publics. When the sum of procurement planned in a homogenous family of products exceeds the threshold of €125,000 before tax, a formal consultation must be launched according to procedures detailed in said code.

The purpose of these procedures is to ensure: transparency, fair competition and equal treatment of suppliers. Public procurement is concluded via a written contract (purchase order or purchase commitment) whereby a legal entity governed by public law satisfies its needs in terms of:

  • works: construction of a new building or renovation of an old building...
  • supplies: office furniture, IT equipment, laboratory products, books etc.
  • services: cleaning of premises, telecommunications etc.

Depending on the nature of services, this contract may be concluded according to different procedures (agreement made according to an adapted procedure, open or closed call for tender, negotiated agreements). The procedure to follow depends on the definition and the estimate of needs expressed by the users.

  

Obligation to advertise to ensure effective competition:

  • amount < €90,000 before tax
    The legal entity is free to choose their advertising method (article 40 of CPM). Examples: BOAMP and ACHATPUBLIC.COM
  • amount > €90,000 before tax < €125,000 before tax (supplies and services),
    compulsory advertising, either BOAMP, or in a legal advertising magazine (e.g. Dépêche du Midi). 
  • amount  €90,000 before tax and €4,845,000 before tax (works contracts)
    Compulsory advertising, either BOAMP, or in a legal advertising magazine (e.g. Dépêche du Midi). 
  • amount > €125,000 before tax (supplies and services) and €4,845,000 (works contracts)
    Obligation to publish in the JOUE and the BOAMP.

Irrespective of the sum, public contracts must observe the principles of free access to public contracts, equal treatment of all applicants and transparency in procedures. These principles ensure the effectiveness of public contracting and the proper use of public funds. These require a prior definition of needs, compliance with advertising and fair competition rules and the choice of selecting the most economically viable offer. These stipulations are made in compliance with the rules set by the Code des marchés publics.




Last updated October 24, 2011


Useful links

eSubmission platform
www.achatpublic.com

 

Agence pour la mutualisation des universités (AMUE) 
Publication of public contract notifications
www.amue.fr

 

Information on public contracts and forms for downloading
www.minefi.gouv.fr/

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