Seuil De Transmission Des Marches Au Controle De Legalite

The Communication on procedural thresholds and the list of central authorities©in the field of public procurement law, © published in the Official Journal of 9 December 2021 (NOR: ECOM2136629V), set the new formalised©procedural thresholds for the award©of public contracts and concession contracts©under Regulation© (EU) 2021/1950. © 2021/1951 and 2021/1953 published©in the©Official Journal of the European Union of 11 November 2021: > 2021 12 16 Modification of©©procedural thresholds – Format: PDF – 0.22 Mb Next thresholds for public contracts and concessions on 1 January 2020 (European Commission draft) – ©© 24 October 2019. Publicity© and tendering measures must ensure compliance with the abovementioned basic principles©©(I). An equality check©© is carried out© by the prefect©to© verify© that public contracts awarded©by local authorities©comply with the Public Procurement©Code and relevant case law. The delegation of public procurement©to the monitoring of equality is carried out above a©© certain amount (II). In accordance with Articles L. 2131-2, L. 3131-2 and L. 4141-2 of the General Code of Municipalities (CGCT), public contracts awarded by municipalities, departments and regions must be transmitted to the representative of the State for legality control if their amount is at least equal to a threshold set by decree.

This threshold is currently 209,000 euros HT under Article D. 2131-5-1 of the CGCT, last amended by Decree No. 2015-1904 of 30. The December 2015 amendment of the thresholds for public procurement and public procurement corresponds in principle to the European threshold for formalised procedures for supply and service contracts awarded by contracting authorities other than central authorities. However, Commission Delegated Regulation (EU) 2017/2365 of 18 December 2017, adopted pursuant to Article 6 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement, sets the procedural threshold for such contracts at EUR 221 000 excluding tax from 1 January 2018; after which the two European thresholds will be revised. years taking into account exchange rate fluctuations. Since Article L. 2124-1 of the Law on Public Order (CPP), amended on 1. April 2019, provides that the European thresholds for formalized procedures are mentioned in a notice annexed to the same code, and does not require that they be set by decree, the government intends to simplify the procedures for setting the threshold for the transmission of public contracts by local authorities to the control of legality. For example, the government is preparing an Order in Council that is expected to come into force on January 1, 2020. The aim is to make the formalised procedural threshold for supply and service contracts awarded by local contracting authorities the reference threshold for the transfer of public contracts to the legality control, so that the threshold for the transmission of public contracts is automatically aligned with the threshold of the formalised European procedure when it is revised and included in the communication annexed to the supplementary protection certificate — without being necessary to amend Article D in the future. 2131-5-1 of the CGCT.

The objects to be deposited by the local authorities of the present or sub-prefecture© on which these local©©©authorities depend must ©be sent in duplicate (one original and one copy) if they are in©paper form. However, transmission via the platform for the documentation©©of documents is to be preferred© if possible. However, in accordance with Article L2131-3 CGCT, © the prefect©may at any time request notification of contracts (contracts©or amendments) that are not subject to the obligation of communication. Jean-Pierre Grand drew the attention of the Minister of Economy and Finance to the threshold for the transmission of public contracts to the control of legality. Article L. 2131-2 of the General Law of Local Authorities (CGCT) stipulates that public contracts of an amount equal to at least a threshold set by decree must be addressed to the representative of the State in the department. Since 1 January 2016, this threshold has been set at 209,000 euros excluding VAT by Article D. 2131-5-1 CGCT. Since 2010, this threshold has been updated every two years by decree, while the European Commission has updated the public procurement thresholds to take account of fluctuating monetary rates. For example, as of 1 January 2018, the threshold for formalised procedures for public supply and service contracts by local authorities was raised from EUR 209 000 to EUR 221 000 excluding VAT as of 31 December 2019.

However, the threshold for transmission to the legality control has not been changed in the same way, so that local authorities are still obliged to transmit contracts from EUR 209 000 excluding tax. It also invites the Commission to indicate whether it intends to align the thresholds for public procurement and other public procurement with a view to updating it on 1 January 2020. Every two years, the thresholds for the publication©©of©formalised contracts©are reviewed by the European© Commission. `The transmission to the prefect or sub-prefect©of the contracts of municipalities and their public establishments other than public health establishments©©shall include the following elements: Finally, it is recalled that© notification of the contract© to the contracting companies may be made only after©the representative of the State has received the elements necessary©for©the exercise of his control. ” pursuant to©Article R. 2182-5 of the©Law on public order. This is the threshold applicable to public supply and service contracts awarded by contracting authorities other than the central public authorities (€214,000 excl. VAT from 1 January 2020, €209,000 excl. VAT until 31 December 2019 and €207,000 excl.

VAT until 31 December 2015). This control is exercised in particular for acts subject to the obligation to communicate, including “contractual© contracts” for an amount©equal to or greater© than €215,000 excluding VAT (threshold applicable since 1 January 2022). It is intended to automatically refer to the European public procurement threshold applicable to supply and service contracts awarded by local contracting authorities. The review©of equal treatment shall be carried out© within©two months of the date of prior notification of contracts©©. ©.