New obligations for candidates for public works contracts
Law No. 2014-790 of 10 July 2014 to combat unfair social competition adds a condition for the participation of candidates in a public works contract.
The obligation for candidates for a public works contract to justify the subscription of a decennial liability insurance.
Article 14 of Law No. 2014-790 of 10 July 2014 to combat unfair social competition supplements the second paragraph of Article L.241-1 of the Insurance Code by the following sentence: "Any candidate seeking a public contract must be able to prove that he has taken out an insurance policy covering him for this liability.."
From now on, the decreed candidate awarded a public works contract will have to produce before the award of the contract the proof of the subscription of a decennial liability insurance. Failing this, his application must be rejected by the contracting authority. The new NOTI 1 form relating to the information of the selected candidate has just been modified to take into account this new requirement.
What you must remember :
- Before the entry into force of the law of July 10, 2014 (July 12, 2014):
Article 9.2 of the decree of 8 September 2009 approving the CCAG-Travaux indicated that only the holder had to produce a certificate of subscription of a decennial liability insurance within fifteen days of the notification of the contract.
- Since the entry into force of the law of July 10, 2014 (July 12, 2014):
The successful candidate will have to produce a certificate of subscription for a decennial liability insurance within the time limit set by the contracting authority on pain of rejection of his application. If the candidate to whom it is envisaged to award the contract can not produce these documents within the time limit set by the buyer, his offer is rejected and the candidate eliminated. The candidate whose bid was filed immediately after his is solicited to produce the necessary parts before the contract is awarded. This procedure is reproduced as long as the candidate does not produce the parts required by the public purchaser, and as long as there are tenders which have not been rejected on the ground that they are inappropriate, irregular or unacceptable.
Warning : In order to respect the equality of candidates, the contracting authorities must modify the wording of their consultation rules for all works contracts launched as from 12 July 2014.