Question 17946 — public procurement

Summary

Mr. Vincent Descoeur questions the Minister of the Economy and Finance on the application of legislation regarding public procurement. Due to too many exceptions to the allotment principle in public construction contracts, many SMEs and SMIs only have access to public orders as subcontractors of general contractors. In the current state of public procurement law, holders are given full latitude to appoint subcontractors, including after contract award, or change subcontractors. This freedom never takes into account the economic, fiscal and social impacts. Subcontracting companies established in France may thus be dismissed late, in particular in favor of European or non-European subcontractors. The consequences of these choices are damaging for the revenues of the State budgets, local authorities and social security organizations. It is essential that public buyers exercise all their economic, social and environmental responsibilities when awarding and executing public contracts, including through careful examination of subcontracting conditions. This is why he asks him, when the new public procurement code comes into force, what provisions the Government intends to take action to encourage public buyers to promote responsible practices in subcontracting.

Machine translation from French. The official text remains authoritative.

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