French Public Procurement’s General Conditions for works contracts have been amended
Written By
Partner
France
As the partner in charge of our Finance group in France and co-managing partner of our Casablanca office, I advise investment funds, banks, sponsors and public entities on the structuring, award and financing of projects in the energy, infrastructure and automotive sectors in Europe and Africa.
Administrative order n° ECOM2234957A amending the French Public Procurement’s General Conditions have been issued on 29 December 2022.
This administrative order implements provisions from Decree n° 2022-1683 regarding minimal advances value’s increase from 20% to 30% to the SMEs contracting with public purchasers. General Conditions’ provisions regarding minimal advance have been amended, including articles A.10.1 from Works Contracts’ General Conditions.
Moreover, the period between the notification of the award of a works contract and notification of instructions (“Ordre de service”) to begin the works, has been decreased from 6 months to 4 months. As a reminder, after this period the contractor may refuse to perform the works and is entitled to be compensated for costs incurred for the contract and necessary to its execution.
This two-months-decrease facilitates the performance’s conditions of contractors for procurement contracts, which could be less profitable.
This Order entered into force on 1st January 2023.
For administrative order n° ECOM2234957A of 29 December 2022 amending the French Public Procurement’s General Conditions, please see here.
