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PROCUREMENT

New Code of Procurement

The decrees of December 2008 and September 2009 have made some significant changes in the last procurement code. Thresholds, envelopes, payment deadlines and dematerialization, what has changed ...
dématérialisation

Dématérialisation

The thresholds

Article 40 of the Procurement Code 2009, amends the thresholds below which the authorities are not obliged to broadcast an advertisement. This threshold increases from 4 000 to 20 000 euros HT.

For public works contracts, the threshold of the adapted procedure is increased to 4.845 million euros before tax from 1st January 2010. The appropriate procedure, which is more "flexible" than the open procedure may be more widely used in works contracts.


The jacket in open


Article 57 of the Procurement Code in 2009 introduced the abolition of the jacket for the bid and offer.

Extract from Article 57: " V.-Applications from candidates are transmitted by any means of determining with certainty the date and time of receipt and guarantee confidentiality. They have an envelope containing documents relating to the bid and offer. "


Payment delays

Already in force since the first quarter of 2008, the time of payment for state authorities spend up to 45 days to 30 days.
For local government this time will be the same from 1st July 2010.

This maximum period of payment:
  • is 35 days from 1st January 2010
  • and will be 30 days from 1st July 2010


The e-procurement


Many measures are taken in the code and the guide of good practices in procurement, OJ 31 December 2009 to promote trade dematerialized:

From 1st January 2010
For the procurement of which the threshold is greater than 90 000 €, here are the new provisions:
  • Requirement to publish notice of advertising (ACPA) electronically (via Internet) on a platform of dematerialization (buyer profile)
  • For public procurement in excess of 90 000 euros spent in the computer industry (hardware, delivery ...), it will be mandatory for candidates to respond electronically. The hard copy will be considered invalid!

From 1st January 2012
For the procurement of which the threshold is greater than 90 000 €, here are the new provisions:
  • Requirement for public purchasers to accept responses transmitted electronically. This means that public purchasers are required to use platforms dematerialization.

The new measures of public procurement code, rather favorable to SMEs, should increase their access to public contracts.
Go e-bourgogne The site procurement dematerialized in Burgundy!

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- Article du 04/01/2010 10:27, modifié le 02/02/2010 16:33 -


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