The lists of representatives of local authorities, their groupings and their public establishments, entitled to sit on the local committees, are drawn up by the prefect designated by the order referred to in article R. 2197-3, on the proposal of the authorities to which they report.
The lists of the most representative professional organisations called upon to designate, at the request of the chairmen of the committees, two persons competent to sit on the committees pursuant to 4° of article R. 2197-6 and 3° of article R. 2197-7 are drawn up: 1° For the national committee, by the Minister responsible for the economy; 2° For the local committees, by the prefect designated by the order referred…
The Legal Affairs Department of the Ministry for the Economy provides support and secretarial services to the National Committee and coordinates the secretariats of the local committees. The prefect designated by the order referred to in article R. 2197-3 designates the government department responsible for the secretariat of the local committee.
Committee members and rapporteurs are reimbursed for travel and subsistence expenses in accordance with the regulations applicable to civil servants. Only missions carried out at the request of the Chairman or with his authorisation are eligible for compensation. The rapporteurs, chairmen and vice-chairmen of the committees receive allowances under the conditions laid down by decree no. 92-239 of 11 March 1992 relating to the allowances likely to be granted to…
Referrals to the committee may be made by the purchaser or by the contract holder.Referrals shall be made by means of a detailed note setting out the grounds for the dispute and, where appropriate, the nature and amount of the claims made. This memorandum shall be accompanied by the contract documents and all correspondence relating to the dispute. It is sent to the committee by registered letter with acknowledgement of…
Referral to an advisory committee for the amicable settlement of disputes interrupts the time limits for appeals for contracts that are administrative contracts until notification of the decision taken by the purchaser on the committee’s opinion.
Where it is clear that a request does not fall within the remit of any committee or that it is inadmissible without any possibility of rectification, the Chairman may reject it by reasoned decision. He may also take note of withdrawals or declare that there are no grounds for the committee to issue an opinion.
The rapporteurs of each committee are placed under the authority of its chairman, who draws up a list of rapporteurs from among serving or retired administrative judges or civil servants, with the agreement of the parties concerned and, where applicable, the authorities to which they report. The Chairman assigns cases to the rapporteurs he appoints. He shall set the deadline for the submission of the report and the draft opinion,…
The members of the amicable dispute resolution committees and the appointed rapporteur must not have had previous experience of the case submitted to them.
The committee meets in camera. The rapporteur presents his report orally. The committee hears the contract holder and the purchaser’s representative, who may be assisted by any person of their choice, as well as any person whose hearing the chairman deems useful. The Committee may only validly deliberate when at least three of its members with voting rights are present at the meeting, including the Chairman or Vice-Chairman and one…
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75001, Paris France
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