CASE COMMENTS: PUBLIC PROCUREMENT – FRANCE – FAILURE DECLARATION – NEGOTIATED PROCUREMENT

Public market: The Marseille Administrative Court of Appeal recalls the conditions under which it is possible to award a negotiated procurement contract following a call for bid which failed (Loximat / Commune de Rognac)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision of the Administrative Court of Appeal of Marseille of 1 April 2019 illustrates the difficulty for local authorities, especially the smallest among them, to master a public procurement law that has been in flux for several decades. The fact that the proceedings giving rise to the dispute were published less than two months after the entry into force of Decree No. 2016-360 of 25 March 2016 on public procurement, modifying, among other things, the terms by which a contracting authority may waive a procedure, has undoubtedly added to the confusion of the commune of Rognac here. In the present case, the commune of Rognac launched an adapted

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  • University Paris Nanterre

Quotation

Djamel Hadef, Public market: The Marseille Administrative Court of Appeal recalls the conditions under which it is possible to award a negotiated procurement contract following a call for bid which failed (Loximat / Commune de Rognac), 1 April 2019, Concurrences N° 3-2019, Art. N° 91532, pp. 198-199

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