Is the contracting authority obliged to inform the candidates of the payroll of the staff to be taken back?
In a decision of the Conseil d'Etat of 19 January 2011, Société TEP, the Conseil d'Etat recalled the importance of labor costs in the operation of cleaning companies and in the aforementioned market. the fact that the undertakings subject to those stipulations were obliged to resume, are an essential element of the said contract, so that the failure to provide the staff payroll to be resumed constitutes a breach of the rules on advertising and of competition
" Considering, in the first place, that the judge hearing the application for interim measures has, without distorting the documents in the file, considered that, since the awarding company is likely to have to take back the employees of the holder of the previous contract on the basis of obligations resulting from an agreement the cost of the corresponding payroll was therefore an essential element of the market, given the weight of staff costs in the activity in question; that it was, by the same token, a sovereign appreciation that he considered that the CITY OF PARIS held this information or was in a position to obtain it; that he thus did not err in law by judging necessary the communication of this information to all the candidates, even if some would not be subjected to this conventional obligation of recovery, so that they can present an offer under conditions of equal competition "
To see the stop: CE 19 January 2011, Société TEP, n ° 340773