Public procurement contracts are contracts concluded for consideration by a purchaser or a conceding authority with one or more economic operators to meet its needs in terms of works, supplies or services. Public procurement contracts are the public contracts and concessions defined in Book I of Part One, whatever their name. They are governed by this Code and, where applicable, by special provisions.
Purchasers and concession-granting authorities shall respect the principle of equal treatment of candidates for the award of a public procurement contract. They shall implement the principles of freedom of access and transparency of procedures, under the conditions defined in this Code.These principles make it possible to ensure the efficiency of public procurement and the proper use of public funds.
Public procurement helps to achieve the objectives of sustainable development, in its economic, social and environmental dimensions, under the conditions defined by this Code.
If they are entered into by legal persons governed by public law, the contracts covered by this Code are administrative contracts, subject to those mentioned in Book V of Part Two and Book II of Part Three. The contracts mentioned in these books, entered into by legal entities governed by public law, may be administrative contracts by virtue of their subject matter or clauses. As such : 1° The contracting…
In addition to employment contracts, the following contracts or agreements are not subject to this Code:1° Transfers of powers or responsibilities between purchasers or between concession-granting authorities with a view to carrying out missions of general interest without remuneration for contractual services;2° Subsidies as defined inarticle 9-1 of law no. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;3° State occupation.
The contracts, partnership contracts and defence or security contracts defined in this Title are public contracts subject to the provisions of Part Two.
A contract is a contract concluded by one or more purchasers subject to this Code with one or more economic operators, to meet their needs for works, supplies or services, in return for a price or any equivalent.
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