L'absence d'allotissement des prestations sans justification sérieuse entache de nullité le marché

The absence of allotment of benefits without serious justification invalidates the market

by gmorales on 6 October 2011 | Category: Public markets
L'absence d'allotissement des prestations sans justification sérieuse entache de nullité le marché L'absence d'allotissement des prestations sans justification sérieuse entache de nullité le marché

CAA Lyon October 6, 2011, SNSO, req.n ° 10LY1121

Rule n ° 1:

Under the aforementioned Article 10 of the Public Procurement Code, the principle of allotment of public contracts can be waived only by reason of special circumstances which make the operation more expensive or make it more difficult to supervision of the performance of the services ordered.

Rule n ° 2:

The specialized companies of the various bodies of state are likely to be harmed by the absence of allotment of the benefits of a construction operation.

Rule n ° 3:

It is up to the contracting authority to demonstrate that awarding an alloti contract is likely to make the performance of services more expensive.
The appointment of a supervisor to monitor construction operations prevents the contracting authority from claiming that the award of an alloti contract would make it more difficult to execute or monitor the performance of the services ordered.