Can a company in receivership bid for a public contract?
In a judgment dated November 10, 2010, Minister of Defense, No. 341133, the Conseil d'Etat provides useful information on this delicate issue which is repeatedly raised by the contracting authorities. The administrative court considers that a company in receivership is not receivable to bid on a contract whose execution extends beyond the period of observation allowed by the judgment authorizing it to continue its activity. Two hypotheses must therefore be distinguished: either the duration of execution of the contract is greater than the observation period is in this case, the application of the company must be rejected; or it is inferior and in this case its candidacy can not be dismissed in the name of the principle of freedom of access to the public order and the equality between the candidates.