Regulations from the French Public Procurement Code have been slightly amended in favour of private operators

Published

Jan 18 2023

Written By

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.

Decree n° 2022-1683 amending the French Public Procurement Code have been issued on 28 December 2022.

This Decree had been announced by French Minister of Economy to simplify procurement procedure and protect companies particularly SMEs. Among other things, this Decree:

extends exemption from prior competitive tendering and publicity procedures for works contracts whose estimated value is less than €100.000 VAT excluded. This extension will last until 31 December 2024;
increases minimal advances value from 20% to 30% paid to the SMEs contracting with public purchasers;
fosters public procurement’s dematerialization by allowing operators to send electronically a copy of their offers for backup purposes.

This Decree entered into force on 1^st January 2023. Although it is early to estimate these measures’ effects on public procurement and economic operators, they are likely to facilitate SME’s access to procurement contracts.

For Decree n° 2022-1683 of 28 December 2022 regarding public procurement, please see here