The obligations laid down in this section apply to companies linked to the contractor as well as to subcontractors and suppliers involved in the performance of the contract, where the latter individually account, unless otherwise stipulated in the contract, for more than 10% of the value of the contract and for more than 10 million euros excluding taxes.
The decision to carry out a cost audit is taken by the authority that signed the contract subject to audit or, where the cost estimate is made before the contract is notified, by the authority responsible for awarding the contract.
The officials or categories of officials of government departments authorised to carry out documentary or on-site audits shall be designated by order of the minister to whom they report.The officials of public establishments required to carry out such audits shall be authorised by name by order of the minister responsible.They may be placed at the disposal of any ministerial department to carry out audits on its behalf.
All civil servants or agents who have knowledge in any capacity whatsoever of information gathered about undertakings pursuant to this section shall be bound by professional secrecy and, where applicable, by the rules relating to the protection of defence secrecy.The information gathered may not be used for any purpose other than to check the cost of the contract under review or any other similar contract.
In the event of a dispute concerning the performance of contracts, purchasers and holders may have recourse to the advisory committees for the amicable settlement of disputes relating to contracts.The task of the advisory committees for the amicable settlement of disputes, which may be national or local, is to seek elements of law or fact with a view to proposing an amicable and equitable solution to disputes relating to the…
A national committee is attached to the Minister for the Economy. It hears disputes relating to contracts awarded by : 1° Central government departments; 2° Departments and bodies with national jurisdiction when the contracts in question cover requirements that exceed the area of jurisdiction of a single local committee mentioned in article R. 2197-3.
The local committees are set up at regional, inter-regional or inter-departmental level by an order of the Minister for the Economy appended to this code. This order sets their boundaries and designates the State representative in the region responsible for drawing up the lists of representatives and professional organisations mentioned in 2° and 3° of article R. 2197-7.
Local committees hear disputes relating to contracts awarded by : 1° Local authorities, their groupings or their public establishments; 2° Decentralised State departments; 3° Departments and bodies with national jurisdiction when the contracts in question cover needs limited to the local committee’s area of jurisdiction; 4° The other purchasers mentioned in articles L. 1211-1 and L. 1212-1, with the exception of those mentioned in article R. 2197-2.
When a local committee is seized of a dispute relating to a contract covering needs that exceed its area of competence, its chairman shall forward the referral without delay to the chairman of the national committee, who shall assign the examination of the case to a local committee, if such examination does not fall within the competence of the national committee.
The National Committee comprises six members with voting rights:1° A member of the Conseil d’Etat or a magistrate of the Cour des Comptes, serving or retired, holding at least the rank of Conseiller d’Etat or Conseiller Maître, Chairman;2° A member of the Conseil d’Etat or a magistrate of the Cour des Comptes, serving or retired, holding at least the rank of Maître des requêtes or Conseiller référendaire, Vice-Chairman;3° Two current…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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