French Public Contract Law
Résumé
I- General presentation
A- The notion of “public contract”
1- Identification
a- A contractual act
b- A contract concluded by a public legal person
c- A public or private law contract
2- The main public contracts
a- The public procurement contracts (public procurements and partnership
contracts)
b- The “public service” contracts (public service delegations and non-titular
public servants contracts)
c- Other public contracts (occupation of public land…)
B- The concluding of public contracts
1- Conditions of validity
a- Concerning the parties (legal standing and consent)
b- Concerning the contract itself (form and content)
2- Procurement award procedure
a- In the case of Public procurements
b- In the case of Partnership contracts
c- In the case of Public service delegations
C- The performance/execution of public contracts
1- The principle of binding force/power of administrative contracts
a- Rights and obligations of the parties
b- The prerogatives of the administrative body to implement the administrative
contracts (direction and control, sanction and non-performance)
2- The adaptation of the principle of binding force
a- Favorable to the administrative body (unilateral change or termination)
b- Favorable to the co-contractor (contractual adaptation or termination)
D- The control of public contracts
1- Jurisdictional controls
a- Administrative and private law proceedings (actions for annulment and full
remedy actions, pre-contractual and contractual summary procedure)
2
b- Criminal proceedings (offence of favoritism, bribery, passive corruption,
unlawful taking of interest…)
2- Non-Jurisdictional controls
a- Administrative internal and external controls
b- Non-Jurisdictional settlement of disputes (by the parties or by an arbitrator)
II- Focus on the current Reform (2014-2018)
A- The public procurements reform
1- Scope of application and principles
a- Public purchasers
b- Procurements and proceedings
c- Concerned and excluded procurements
d- Allotment
e- Dematerialization
2- Award procedure
a- Preliminary operations
b- Procedure and rules
3- Performance/execution
a- Subcontracting
b- Review clause
c- Unexpected/unforeseen or unpredictable additional services
d- Substitution of the co-contractor
e- Non-substantial changes/amendments
f- Small amount of the amendment
4- Special procurements
a- Global procurements
b- Partnership procurements
B- The concessions reform
1- Scope of application and principles
a- Public procurement Principles and freedom of administration
b- Definition
c- Same principles as public procurements
d- Content of the concession contract
e- Link with the public service delegation
2- Award procedure
a- The estimation of the concessions’ value
b- Procedure
3- Performance/execution
a- By third parties to the contract
b- Amendment to the contract