NEW PUBLIC PROCUREMENT CODE
LexInter | August 21, 2002 | 0 Comments

NEW PUBLIC PROCUREMENT CODE

Article 21
For the State and its public establishments, the composition and operating methods of the tendering committees are fixed:
1 ° With regard to central State administrations and services with national competence, by the Minister on which they depend;
2 ° As regards the decentralized services of the State, by the prefect;
3 ° With regard to public establishments, by the rules specific to each establishment.
A representative of the Directorate General for Competition, Consumer Affairs and Fraud Control is a member of the committee in an advisory capacity.
Article 22
I. – For local authorities and local public establishments, the tender committee is made up of the following members:
a) In the case of a region, the president of the regional council or his representative, president , and five members of the council elected from among its members with proportional representation to the highest remainder;
b) In the case of a department, the president of the general council or his representative, president, and five members of the council elected from among its members with proportional representation at the highest remainder;
c) In the case of a municipality of 3,500 inhabitants or more, the mayor or his representative, president, and five members of the municipal council elected from within it by proportional representation at the highest remainder;
d) In the case of a municipality of less than 3,500 inhabitants, the mayor or his representative, president, and three members of the municipal council elected from within it by proportional representation to the highest remainder;
e) In the case of a public establishment of inter-municipal cooperation or of a mixed union, the president of this establishment or of this union or his representative, president, and a number of members equal to that provided for the composition the community commission with the highest number of inhabitants, appointed by the deliberative assembly of the establishment or the union. However, if this number cannot be reached, the committee is made up of members of the deliberative assembly of the inter-municipal cooperation establishment;
f) In the case of another local public establishment, the legal representative of the establishment or his representative, president,
In the case of a public office for low-rent housing or a public planning and construction office subject to the rules of public accounting, the committee also includes a representative of the minister responsible for housing;
g) In the case of a public health establishment or a public medico-social establishment, the legal representative of the establishment or his representative, president, as well as two members of the deliberative body appointed by the -this.
II. – In all the cases enumerated above, it is proceeded, according to the same modalities, to the election of substitutes in number equal to that of the titular members.
III. – For the communities mentioned in a, b, c and d of I, the election of full members and substitutes takes place on the same list, without mixing or preferential voting. The lists may contain fewer names than there are incumbent and alternate seats to be filled.
In the event of a tie, the seat returns to the list which obtained the greatest number of votes. If the lists in question have also received the same number of votes, the seat is allocated to the oldest of the candidates likely to be proclaimed elected.Provision is made for the replacement of a titular member of the tender committee by the substitute registered on the same list and coming immediately after the last elected member of the said list. The replacement of the substitute, thus becoming a full member, is ensured by the candidate registered on the same list, immediately after the latter.
The full renewal of the tender committee is carried out when a list is unable to provide, under the conditions as provided for in the previous paragraph, for the replacement of the full members to which it is entitled.
IV. – The following are convened and may participate in the meetings of the tender committee:
1 ° The public accountant;
2 ° A representative of the departmental director of competition, consumption and the repression of fraud;
3 ° A representative of the technical service competent to monitor the execution of the works or carry out the control of conformity when the regulations require the assistance of such a service or when the contract relates to works subsidized by the State;
4 ° Personalities appointed by the chairman of the commission because of their competence in the matter which is the subject of the call for tenders;
5 ° In the case of public health establishments and public medico-social establishments, a representative of the departmental director of health and social affairs.
V. – The members mentioned in I. In the event of a tie vote, the president has the casting vote.
The members mentioned in IV. Their opinions are, at their request, recorded in the minutes.
Article 23
Notices of meetings of the committee mentioned in Articles 21 and 22 must have been sent to its members at least five clear days before the date scheduled for the meeting.
The quorum is reached when half plus one of the members with voting rights are present.
If, after a first convocation, this quorum is not reached, the tender committee is convened again. It then meets validly without a quorum condition.
The tender committee takes minutes of its meetings. All members of the committee may request that their observations be recorded.
Section 3: The commission of the call for tenders on performance
Article 24
For the call for tenders based on performance, the committee is made up of members of the call for tenders committee to whom are added personalities appointed by reason of their competence in the matter which is the subject of the call for tenders. offers. These personalities are appointed by the person responsible for the contract. The number of these personalities is equal to one third of the number of members of the call for tenders commission thus created. For the markets of local authorities, these personalities have a consultative voice. For the State markets, these personalities have a deliberative voice.

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