Question 28127 — public procurement

Summary

Ms. Frédérique Dumas draws the attention of the Minister of the Economy and Finance to Ordinance No. 2020-319 of March 25, 2020, relating to public contracts. Ordinance No. 2020-319 of March 25, 2020 contains various measures to adapt the rules of contracts subject to the public procurement code and public contracts which do not fall under it during the health crisis born from the covid-19 epidemic. It provides in particular in its article 6.6° a compensation for concessionaires, intended to compensate for additional costs not provided for in the initial contract, mainly linked to health protection measures to be implemented on site or on site in the context of the current crisis. The order here applies the principle of unforeseeability. However, if the order applies this principle of unpredictability to concessions, it does not mention it for public contracts. The latter require yet the implementation of health protection measures, as for concessions, and therefore entail the same unforeseen costs for the market holder. On site or on site, these measures will represent a significant cost and will add to the financial difficulties that companies are experiencing, thus potentially compromising the smooth continuation of operations. Also, she asks him what measures he intends to take to ensure compensation for expenses linked to health protection measures in the context of public procurement, this provision not currently being provided for in the framework of Ordinance No. 2020-319 of March 25, 2020.

Machine translation from French. The official text remains authoritative.

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