French Public Contract Law

International audienceI- General presentationA- The notion of “public contract”1- Identificationa- A contractual actb- A contract concluded by a public legal personc- A public or private law contract2- The main public contractsa- The public procurement contracts (public procurements and partnershipcontracts)b- The “public service” contracts (public service delegations and non-titularpublic servants contracts)c- Other public contracts (occupation of public land…)B- The concluding of public contracts1- Conditions of validitya- Concerning the parties (legal standing and consent)b- Concerning the contract itself (form and content)2- Procurement award procedurea- In the case of Public procurementsb- In the case of Partnership contractsc- In the case of Public service delegationsC- The performance/execution of public contracts1- The principle of binding force/power of administrative contractsa- Rights and obligations of the partiesb- The prerogatives of the administrative body to implement the administrativecontracts (direction and control, sanction and non-performance)2- The adaptation of the principle of binding forcea- Favorable to the administrative body (unilateral change or termination)b- Favorable to the co-contractor (contractual adaptation or termination)D- The control of public contracts1- Jurisdictional controlsa- Administrative and private law proceedings (actions for annulment and fullremedy actions, pre-contractual and contractual summary procedure)2b- Criminal proceedings (offence of favoritism, bribery, passive corruption,unlawful taking of interest…)2- Non-Jurisdictional controlsa- Administrative internal and external controlsb- Non-Jurisdictional settlement of disputes (by the parties or by an arbitrator)II- Focus on the current Reform (2014-2018)A- The public procurements reform1- Scope of application and principlesa- Public purchasersb- Procurements and proceedingsc- Concerned and excluded procurementsd- Allotmente- Dematerialization2- Award procedurea- Preliminary operationsb- Procedure and rules3- Performance/executiona- Subcontractingb- Review clausec- Unexpected/unforeseen or unpredictable additional servicesd- Substitution of the co-contractore- Non-substantial changes/amendmentsf- Small amount of the amendment4- Special procurementsa- Global procurementsb- Partnership procurementsB- The concessions reform1- Scope of application and principlesa- Public procurement Principles and freedom of administrationb- Definitionc- Same principles as public procurementsd- Content of the concession contracte- Link with the public service delegation2- Award procedurea- The estimation of the concessions’ valueb- Procedure3- Performance/executiona- By third parties to the contractb- Amendment to the contrac