Question 18152 — public procurement

Summary

Mr. Christophe Naegelen 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. Current public procurement law leaves holders complete freedom to designate subcontractors, including after the award of the contract, or change them. 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 to the revenues of state budgets, local authorities and organizations. social security. 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. When the new public procurement code comes into force, he would like to know the measures that the Government intends to take to encourage public buyers to promote responsible practices in subcontracting.

Machine translation from French. The official text remains authoritative.

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