Public Procurement in France | French Public Procurement

Public Procurement in France | French Public Procurement
Responsabilité du fait des produits défectueux

Juridiction: France
Author: Bettina Steible *

Table of Contents

  1. PRELIMINARY DEFINITIONS
  2. PROCEDURE
  3. Litigating Procurement Matters in France

* Bettina Steible is a PhD candidate in European and International law as well as a research and teaching assistant at the Autonomous University of Barcelona. While working at the European Institute of Public Administration (2011/2012), she assisted the expert Gracia Vara Arribas in her research and seminars dealing with EU public procurement.

PRELIMINARY DEFINITIONS 

Public procurement involves contracts that are concluded between a public contracting authority and an economic operator in exchange for payment. The general objective of public procurement is to meet the public contracting authority’s service needs, in particular with regard to the execution of works, supply of products and provision of services.3

The pouvoir adjudicateur4 or public contracting authority (PCA) may include the State, its public bodies (which are not considered industrial or commercial), local authorities, and local public bodies with the ability to engage in public procurement. It issues and decides calls for offers.

The opérateur économique or economic operator may be a contractor, a supplier or a service provider.

The candidat or candidate is an economic operator who has sought an invitation to take part in a restricted or negotiated procedure.

The soumissionnaire or offeror is an economic operator submitting an offer.

PROCEDURE