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Lawyer right of unsuccessful candidates

The law firm Palmier - Brault - Associés is a law firm expert in public procurement law.

Lawyers intervene very regularly both in terms of advice and litigation to secure public procurement procedures but also to defend their interests of public purchasers and companies before the administrative courts either at the procurement stage or at the procurement stage. execution of public procurement contracts.Fort of its experience in public procurement law, the Palmier cabinet & Associés has written several books and specific practical guides to help companies respond to public contracts, to have their rights in court or even to know the content of competing offers. 

The Palmier cabinet & partners has drafted a specific practical guide to legally secure the drafting of the publicity notice and the consultation rules. The public buyer will know whether to apply the public procurement code, when he has answered the following three questions:

  • Is he a person subject to the Code des Marches Publics?
  • Is the contract he is considering a public contract?
  • Does this public contract fall within the scope of the exceptions provided by the code?

Who should apply
the code of public contracts?

Public persons subject to the Code des Marches Publics

The public procurement code applies to the State and its public administrative establishments, but not to its public industrial and commercial establishments, most of which are subject to Ordinance no. 2005-649 of June 6, 2005. It also applies to local authorities and local public institutions, whether administrative or industrial and commercial. Since the law n ° 2011-525 of May 17, 2011, the public offices of the habitat, although local public establishments, are not subjected to the code of the public markets, but to the order of June 6, 2005.

When these persons are contracting authorities, their purchases are governed by the first part of the code. When acting as a network operator, they constitute contracting entities. Their purchases are then subject to specific rules set in the second part of the code. The regime applicable to them is commented in part five of this guide.

Some private people

Private persons do not, in principle, fall within the scope of the Public Procurement Code.

The situation is different in the following cases:

  • When a private person acts as agent of a public entity subject to the public procurement code, it must, for contracts awarded in execution of this mandate, comply with the provisions of this code. It should be noted that mandate agreements are subject to the public procurement code;
  • Legal persons governed by private law who participate in a grouping of orders with public entities subject to the public procurement code must, for their purchases made within the context of the group, apply the rules provided for by the code;
  • Social security organizations apply the provisions of the Code des Marches Publics, pursuant to Article L. 124-4 of the Social Security Code and the Order of 16 June 2008 on the regulation of the markets of social security organizations .

The envisaged contract
is there a public market?

The definition of public procurement is set out in Article 1 of the Code. They should not be confused with other contracts governed by different legal regimes (public works concessions, public service delegations, partnership contracts, sales contracts in the future state of completion, administrative long-term leases, authorizations for temporary occupation of the public domain ...).