Le Jury de concours doit motiver son avis sous peine d'annulation du marché !

The Jury of competition must motivate its opinion under penalty of cancellation of the market!

by gmorales on January 26, 2014 | Category: Public markets
Le Jury de concours doit motiver son avis sous peine d'annulation du marché ! Le Jury de concours doit motiver son avis sous peine d'annulation du marché !

Le Jury de concours doit motiver son avis sous peine d'annulation du marché ! The Jury of competition must motivate its opinion under penalty of cancellation of the market!

In the case of a competition procedure, the classification of the candidates admitted to compete must be the subject of a reasoned opinion by the jury, on pain of irregularity of the procedure and the resulting market.

In this case, the municipality of Bron has launched a limited competition of project management for the construction of a media library. The prefect of the Rhône appealed and referred the contract to the administrative court of Lyon on the grounds that the selection board merely drew up the list of candidates admitted to compete without giving reasons for that decision. According to the municipality, the lack of motivation in the opinion of the jury was irrelevant and did not affect the choice of the successful tenderer.

The Conseil d'État has not followed this argument and maintains a strict application of the provisions of article 70 of the Code des Marches Publics: "The jury draws up a report of the examination of the benefits, in which it records its observations and any point requiring clarification, and formulate a reasoned opinion. In the absence of a reasoned opinion, the contract award procedure is therefore irregular and the resulting contract is void.