Question 32072 — public procurement

Summary

Mr. Didier Paris draws the attention of the Minister Delegate to the Minister of the Economy, Finance and Recovery, responsible for public accounts, to the situation of public service delegates in the events sector (hosting of fairs, exhibition halls, etc.), in the context of the covid-19 epidemic. These operators suffered a complete shutdown of their activity from March to May 2020 and were forced to postpone the programming of numerous events and to cover expenses and net additional costs concerning hygiene and safety measures linked to the health crisis. The consequences of covid-19 jeopardize the financial balance of these public service delegations, the financial situation of the delegatees and the employment of their staff. Article R. 3135-5 of the public procurement code states that “the concession contract may be modified when the modification is made necessary by circumstances which a diligent licensing authority could not have foreseen. In this case, the provisions of articles R. 3135-3 and R. 3135-4 are applicable.” The conditions for application of this provision are obviously met with regard to the covid-19 epidemic and make it possible to consider a modification of contracts by way of amendment. An extension of the duration of these delegations of public services negotiated with the delegating public authorities would thus make it possible to smooth out and limit the losses suffered by the delegatees and to protect jobs in the events sector. He asks him if he confirms this analysis for the events sector, considering that the occurrence and consequences of the covid-19 pandemic in France are unforeseeable circumstances within the meaning of article R. 3135-3 of the public procurement code allowing a modification of concessions without a new competitive procedure.

Machine translation from French. The official text remains authoritative.

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