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expert lawyers
in public contracts
independent expert in public law and in particular in law
public and private commissions.
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expert lawyers
in public contracts
independent expert in public law and in particular in law
public and private commissions.
A Team of Expert Lawyers in Public Contracts "data-lazyload =" https://www.sebastien-palmier-avocat.com/wp-content/plugins/revslider/admin/assets/images/transparent.png "data-bgposition = "center center" data-bgfit = "cover" data-bgrepeat = "no-repeat" class = "rev-slidebg" data-no-retina>
Legal News
What control of the weighting of the tender judgment criteria?
CE June 10, 2020, Minister of the Armed Forces, req. n ° 431194
The public purchaser freely determines the weighting of the criteria for judging the offers. However, it cannot legally use a weighting, in particular for the price criterion, which clearly would not allow, having regard to the characteristics of the market, to select the economically most advantageous offer. The control of the judge is however limited to a limited control concerning the relevance of the weighting chosen by the public purchaser.
The establishment of the market balance by the judge of provisional summary proceedings
CE June 10, 2020, Sté BONAUD, req. n ° 425993
In its judgment of June 10, 2020, Sté BONAUD, the Council of State recalls that in application of article 13.4.2 of CCAG-TX, the holder of a public works contract can seize the administrative judge including via a provisional interim payment if, 30 days after the notification of the formal notice to the public purchaser for the establishment of the market statement, the latter still has not produced this account being then specified that the production of said counting during the proceedings does not make the request lose its object
The impossibility of the contracting party to request the nullity of his own contract!
In that case, the Conseil d'État recalls that the fairness of the contractual relations precludes a co-contracting party from availing itself of the irregularities that it may have committed to claim the nullity of its own contract and to release itself from its contractual obligations.
Teaching n ° 1: No one can invoke his own turpitude to question his contract
In its judgment of 28 December 2009, Beziers I ", The Council of State has already had the opportunity to recall in his famous decision" Beziers I " than " the irregularities on which the parties rely are those which, having regard to the requirement of fair contractual relations, may be invoked before it (CE Ass 28 December 2009, application No. 304802)
On the responsibility of public accountants in matters of public procurement control
CE December 6, 2019, Minister of Action and Public Accounts, req.n ° 425542
In this case, the Council of State recalls the basis of the responsibility of public accountants in matters of control of public contracts and the procedures for assessing the existence of any financial loss linked to control failures
Folder of the month
An ousted candidate who has submitted an irregular offer may contest the award of the contract to an offer which is also irregular
CE May 27, 2020, Sté Clean Building, n ° 435982
The Council of State now considers that within the framework of a pre-contractual or contractual summary procedure, the fact that the offer of the ousted competitor is irregular does not prevent it from being able to take advantage of the irregularity of the offer of the company awarded the contract to obtain the cancellation of the procedure or the contract. In this hypothesis, the judge in summary proceedings cannot invoke the irregularity of the offer of the ousted candidate and must examine the regularity of the offer of the successful candidate.
