Nouveaux seuils de passation pour les procédures formalisées à compter du 1er janvier 2016 et nouveaux formulaires d'avis de publicité !

New thresholds for formalized procedures as of January 1, 2016 and new advertising notice forms!

by gmorales on 5 January 2016 | Category: Public markets
Nouveaux seuils de passation pour les procédures formalisées à compter du 1er janvier 2016 et nouveaux formulaires d'avis de publicité ! Nouveaux seuils de passation pour les procédures formalisées à compter du 1er janvier 2016 et nouveaux formulaires d'avis de publicité !

Nouveaux seuils de passation pour les procédures formalisées à compter du 1er janvier 2016 et nouveaux formulaires d'avis de publicité ! Decree No. 2015-1904 of December 30, 2015 modifies the thresholds of the formalized procedures for the award of public contracts and other public contracts.

Implementing Regulation (EU) 2015/1986 of 11 November 2015 also requires the use of new advertising forms since 1 December 2015 for formalized procedures.

Alert n ° 1: New thresholds for formalized procedures from 1 January 2016

Decree No. 2015-1904 of 30 December 2015 modifies the thresholds of the formalized procedures for the award of public contracts and other contracts covered by the public order. The thresholds of the formalized procedure which were previously € 134,000 excluding tax, 207 € 000 excl. Tax, € 414,000 before tax and € 5,186,000 before tax are respectively replaced by the following thresholds: € 135,000 before tax, € 209,000 before tax, € 418,000 before tax and € 5,225,000 excluding tax. The thresholds of € 207,000 excluding tax and € 5,225,000 excluding taxes are also retained for partnership contracts with local authorities (publicity obligation and the possibility of negotiation) or public works concessions awarded by the same authorities.
These new thresholds are applicable from January 1, 2016 to December 31, 2017.

Thresholds for formalized procedures from 1 January 2016
 

 

No imposed procedure Adapted procedure Formalized procedures
Supplies and services Up to 25,000 € HT Between 25.000 € HT and the thresholds of the formalized procedures Starting from 209.000 € HT for local authorities and health institutions

Starting from 135.000 € HT for the State and its public institutions other than EPICs

Works Up to 25,000 € HT Between 25.000 € HT and the thresholds of the formalized procedures Starting from € 5,225,000 excluding tax

Alert No. 2: New Advertising Notice Forms for Formalized Procedures since December 1, 2015

Implementing Regulation (EU) 2015/1986 of 11 November 2015,

establishes new publicity forms that public procurers must use in the context of public procurement and concessions. These new forms are in compliance with the directives 2014/23 / EU, 2014/24 / EU and 2014/25 / EU. The regulation came into effect on December 1, 2015.

Decree No. 2015-1904 of 30 December 2015 amending the thresholds applicable to public contracts and other contracts of the public order

Article 1
The public procurement code is thus modified:

1 ° Article 26 is amended as follows:
a) In II, the amount: "134 000 € HT" is replaced by the amount: "135 000 € HT", the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT" and the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";
b) In IV, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";

2 ° In II of article 30, the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT";
3 ° In I of article 39, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";
4 ° In I and IV of article 85, the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT";
5 ° In III of article 144, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT" and the amount: "5 186 000 € HT" is replaced by the amount: "5 € 225,000 excluding taxes ";
6 ° In II of article 148, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT" and the amount: "207 000 € HT" is replaced by the amount: "209 000 € excl VAT ";
7 ° In I of article 149, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";
8 ° In I and IV of article 172, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT";
9 ° In III of article 201, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT" and the amount: "5 186 000 € HT" is replaced by the amount: "5 € 225,000 excluding taxes ";
10 ° In II of article 205, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT".

Article 2
The decree of October 20, 2005 referred to above is thus modified:
1 ° In I of article 7, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT" and the amount: "5 186 000 € HT" is replaced by the amount: "5 € 225,000 excluding taxes ";
2 ° In I of article 15, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";
3 ° In I of article 45, the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT".

Article 3
The decree of December 30th, 2005 referred to above is thus modified:
1 ° In I of article 7, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT", the amount: "134 000 € HT" is replaced by the amount: " € 135,000 excluding taxes "and the amount:" € 207,000 before tax "is replaced by the amount:" € 209,000 before tax ";
2 ° In I of article 15, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";
3 ° In I of article 47, the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT".

Article 4
The decree of March 2, 2009 referred to above is modified as follows:
1 ° In II of article 1, the amount: "134 000 € HT" is replaced by the amount: "135 000 € HT";
2 ° Article 5 is amended as follows:
a) In I, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT" and the amount: "134 000 € HT" is replaced by the amount: "135 000 € HT" ;
b) In II, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT", the amount: "414 000 € HT" is replaced by the amount: "418 000 € HT" and the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT".

Article 5
In articles 10, 19 and 29 of the abovementioned decree of 26 April 2010, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT".

Article 6
The general code of local authorities is thus modified:
1 ° In II of the article D. 1414-1, the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT";
2 ° In article D. 1414-5, the amount: "5 186 000 HT" is replaced by the amount: "5 225 000 € HT" and the amount: "207 000 € HT" is replaced by the amount: "€ 209,000 excluding taxes";
3 ° In II of the article R. 1415-1, the amount: "5 186 000 € HT" is replaced by the amount: "5 225 000 € HT";
4 ° In article D. 2131-5-1, the amount: "207 000 € HT" is replaced by the amount: "209 000 € HT".

Article 7
The provisions of this decree are applicable to contracts and contracts for which a consultation is held or a public notice of competition sent to the publication after the date of entry into force of this decree.

Article 8
This Order comes into force on January 1, 2016.

Article 9
The Minister of the Interior and the Minister of the Economy, Industry and Digital are responsible, each for his own part, for the execution of this Decree, which will be published in the Official Journal of the French Republic.

Dated on December 30, 2015.