Public market and choice of the advertising medium: the interest of additional opinions for the markets higher than 90.000 € HT.
Rule n ° 1:
Under Articles 40 and 150 of the Code des Marches Publics, as amended from Articles 12 and 30 of the contested Decree of 25 August 2011, from the threshold of € 90,000 before tax, the contracting authorities and the contracting entities remain free to tender. to appreciate the need to carry out a supplementary publication in a specialized journal corresponding to the economic sector concerned by the market in addition to the compulsory publications provided for by the Public Procurement Code. Example: the launched supplies market is 230.000 € HT. The contracting authority will be required to publish its opinion in the OJEU, BOAMP and, if they so wish, in a supplementary publication of their choice.
Rule n ° 2:
In this case, the Council of State recalls that the contracting authorities and the contracting entities have the choice between two options: either they decide to publish a supplementary opinion whose content is less detailed than that of the mandatory notice and in this case , they refer to the full notice; or they decide to publish a supplementary notice including all the information contained in the mandatory notice.