Question 23831 — local authorities

Summary

Ms. Valérie Thomas questions the Minister of Territorial Cohesion and Relations with Local Authorities on the terms and conditions applicable to a local public company during the renewal of a public service delegation contract. When a delegating community, shareholder of a local public company, launches a publicity and competitive bidding procedure in accordance with the provisions of the articles of the code general of local authorities and the public procurement code, can said local public company then register among the candidates likely to respond to the call for applications (the delegating community having the possibility of renouncing at any time the procedure to choose the local public company)? Or should the renewal of the quasi-management contract take place outside of all the rules? general rules applicable to concession contracts (Preliminary chapter, title one, book IV, first part of the general code of local authorities). If this is the case, what formalism must nevertheless be applied to this renewal outside of procedure, knowing that article L. 1411-19 of the general code of local authorities requires that the deliberative assemblies of local authorities and their groupings decide on the principle of any delegation of public service to a local public company? Should this deliberation be a prerequisite for launching any advertising or competitive bidding procedure or can it take place at any time during the procedure until the contract is approved? What's more, if the renewal of a concession contract for integrated or in-house services is entirely outside procedure, must it at the very least respect the provisions of article L. 1410-3 of the general code of local authorities, namely the consultation of the commission provided for in article L. 1411-5, the transmission of the new contract to the representative of the State (L. 1411-9 of the general code of local authorities) as well as the transmission by the representative of the State to the regional chamber of accounts? She would like to have her clarification on these specific and technical points which today create legal insecurities for local authorities.

Machine translation from French. The official text remains authoritative.

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