Practical sheet | REF: FIC1008 V1

Understand the fundamental principles of public procurement and their practical implications

Author: Bernard-Michel BLOCH

Publication date: October 10, 2023 | Lire en français

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AUTHOR

  • Bernard-Michel BLOCH: former member of the Hauts-de-Seine bar

 INTRODUCTION

You are responding to a tender for the installation and operation of computer software. You learn that one candidate has received special information from the public purchaser. This information has not been communicated to the other candidates, and has given an advantage to the one who has received it.

Are there any principles that would make this situation illegal and allow the public purchaser to be condemned?

Article L. 3 of the French Public Procurement Code sets out three fundamental principles, designed to promote equal access for all candidates, equal treatment and transparent consultation procedures.

These principles apply to all public purchasers, whatever the value of the contract and whatever the procedure used.

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Understand the fundamental principles of public procurement and their practical implications