Marchés à procédure adaptée : sanction disciplinaire en cas de fractionnement illicite des commandes !

Adapted procedure contracts: disciplinary sanction in case of unlawful splitting of orders!

by gmorales on 22 February 2012 | Category: Public markets
Marchés à procédure adaptée : sanction disciplinaire en cas de fractionnement illicite des commandes ! Marchés à procédure adaptée : sanction disciplinaire en cas de fractionnement illicite des commandes !

EC 22 February 2012, Mr GUYOT, req.no. 333573

Rule n ° 1:

Article 27 of the Public Procurement Code states that the contracting authority is prohibited from splitting its purchases for the sole purpose of avoiding the application of the formalized procedures. The main risk is linked to the award of several adapted-procedure contracts with or without advertising with the same supplier whose cumulative value would exceed the threshold of 200,000 euros excluding taxes. In this case, a University President knowingly passed several € 90000 plus tax orders over the counter with the same service providers for several years for an amount that proved to be higher than the thresholds of the formalized procedures.

Rule n ° 2:

The circular of the Ministry of Justice of 22 February 2005 recalls that the procedure-adapted contracts are not excluded from the scope of the offense of favoritism: the unjustified use of the adapted procedure by the unlawful splitting of the same operation in several can be prosecuted criminally (Cass Crim December 17, 2008).

Rule n ° 3:

Failure to comply with Article 27 of the Public Procurement Code justifies the application of disciplinary sanctions against the perpetrator.