Question 15045 — public procurement

Summary

Mr. Mustapha Laabid draws the attention of the Minister of the Economy and Finance to the remote organization of public service delegation commissions. Ordinance no. 2015-899 of July 23, 2015 (art. 101) amended article L. 1414-2 of the general code of local authorities which now provides that “the deliberations of the tender commission may be organized remotely under the conditions of order no. 2014-1329 of November 6, 2014.” This provision results in the establishment of videoconference calls for tenders in communities with a large geographical area, in particular regional councils, and provides a real solution to the meeting of the quorum necessary for the holding of this body. However, the text does not envisage this possibility for the Public Service Delegation Commission and this then even though these two bodies have strong similarities (identical composition, field of competence linked to public procurement). Furthermore, Ordinance No. 2014-1329 relating to remote deliberations of collegial administrative bodies, which applies to local authorities, with the exception of its deliberative bodies, seems to allow CDSPs to benefit from the flexibilities of remote organization. Also, he questions him about the possibility of organizing public service delegation commissions by videoconference, or even audioconference.

Machine translation from French. The official text remains authoritative.

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