Question 19567 — public procurement

Summary

Ms. Laure de La Raudière questions the Minister of the Economy and Finance about the penalties applied in the event of late payment of contracts awarded by the State administration, communities or the hospital public service. Today, in the event of late payment, the legislation provides for the payment, as of right, of default interest, without the supplier needing to claim it. But in too many cases If deadlines are missed, default interest is not attached to the payment of the principal and is never paid. Companies do not have the reflex to claim them, due to ignorance of the legislation, or fear of wasting time by launching a claim. This has the effect of penalizing companies, and moreover, public entities are not encouraged to pay their service providers on time. During the debates at first reading of the law for an action plan for the growth and transformation of businesses (PACTE), the MP had tabled an amendment aimed at guaranteeing the concomitant payment of default interest and compensation provided for by law in the event of delay with sums due in principal in respect of the settlement of a contract having as its object the execution of work, the delivery of supplies or the provision of services, with an economic counterpart consisting of a price or an exploitation right, or the delegation of a public service. In the event of non-compliance with the law, public accountants could be held liable. During the discussion of the PACTE law at first reading in the hemicycle, the Minister of Economy and Finance undertook to question his services on this subject. Also, she would like to know what the results of the expertise carried out by the services questioned. And in particular, know the average payment time for the State, local authorities and hospitals; know what percentage of payments are made beyond the deadline and finally, what percentage of cases where default interest is not paid automatically.

Machine translation from French. The official text remains authoritative.

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• Laure de La Raudière · auteur

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