The public procurement code was established to regulate public orders. It is a legal and legislative code designed to distinguish between public contracts and concessions. It was first mentioned in 1996, but without any outcome. Determined to implement it at all costs, the government made efforts for several consecutive years, but it was in 2018 that its publication actually came into effect. In 2019, some modifications were made to this codification. Our article will address this state of affairs.
The main points of the new public procurement code
Have you not yet familiarized yourself with what the 2019 public procurement code contains? Well, several aspects were significantly clarified in the development of this codification in 2019. The essential points to address concern the dimensions of public contracts, codification at constant law, and some integrated texts that you can discover in more detail by following the link.
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The modifications: clarification on the types of regulated contracts
In relation to Article L. 111-1 of the aforementioned code, a clarification was first noted on the very definition of a contract. Thus, it results that any operation between a buyer and an economic operator based on the exchange of financial means and materials or services is regulated by the code, considering specific aspects. An actor who has entered into a contract with a third party may choose to abandon everything if the operation proves too costly. From this situation, one can foresee traditional jurisprudence. Then, unlike the old code, the new one no longer dwells on considering the framework agreement as a public contract. It can therefore be classified in the same category as competitions, which assert themselves as a mere way of purchasing. This stipulates that public contracts and concessions will now be the only contracts to be considered, but taking into account operations between public and private entities.
Emergence of numerous rules
Apart from the clarifications made on contracts and concessions, the public procurement code has integrated well-defined new rules. These mostly consist of existing laws that have been gathered and highlighted, such as the 1975 law on subcontracting, the 1985 law regulating public project management, or the 2013 decree concerning payment deadlines. The gathering of these measures allows for the regulation of administrative contracts, unilateral contract terminations, and a balance between the general foundations of public procurement.
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In summary, the public procurement code is a text containing several articles aimed at streamlining public contracts and concessions. It was implemented to simplify the lives of the various actors involved in this framework. In 2019, several modifications and the emergence of texts are to be noted, always with the same objectives. Practitioners have an interest in familiarizing themselves with this codification for its proper applicability.