WHO SHOULD APPLY THE PUBLIC PROCUREMENT CODE?
Public persons subject to the code of public markets
The code of public markets applies to the State and its public administrative establishments, but not to its public industrial and commercial establishments, most of which are subject to Ordinance No. 2005-649 of 6 June 2005. It also applies to local authorities and local public establishments, whether administrative or industrial and commercial. Since the law n ° 2011-525 of May 17, 2011, the public offices of the habitat, although local public institutions, are not subjected to the code of the public markets, but at the order of June 6, 2005.
When these persons are contracting authorities, their purchases are governed by the first part of the code. When acting as a network operator, they constitute contracting entities. Their purchases are then subject to specific rules set in the second part of the code. The regime applicable to them is commented in part five of this guide.
Some private people
Private persons do not, in principle, fall within the scope of the Code of public markets.
The situation is different in the following cases:
- When a private person acts as agent of a public person subject to the code of public marketsit must, for contracts awarded pursuant to this mandate, comply with the provisions of this code. It should be noted that the mandate agreements are subject to the code of public markets ;
- Private legal entities that participate in a grouping of orders with public entities subject to the code of public markets must, for their purchases made within the framework of the group, apply the rules provided for by the code;
- Social security organizations apply the provisions of the Code of public markets, pursuant to Article L. 124-4 of the Social Security Code and the Order of 16 June 2008 regulating the markets of social security organizations.
IS THE CONTRACT ENVISAGED A PUBLIC MARKET?
The definition of public markets figure in article 1 of the code. They should not be confused with other contracts under different legal regimes (public works public service delegations, partnership agreements, sales contracts in the future state of completion, administrative long-term leases, authorizations for temporary occupation of the public domain ...).