Law Amending The Law Of 15 June 2006 On Public Procurement And Some Markets Works, Supplies And Services And Public Procurement And Some Markets Works, Supplies And Services Act Of August 13, 2011 Dan

Original Language Title: Loi modifiant la loi du 15 juin 2006 relative aux marchés publics et à certains marchés de travaux, de fournitures et de services et de la loi du 13 août 2011 relative aux marchés publics et à certains marchés de travaux, de fournitures et de services dan

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014021066&caller=list&article_lang=F&row_id=700&numero=729&pub_date=2014-05-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-28 Numac: 2014021066 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE May 15, 2014. -An Act amending the Act of 15 June 2006 on public procurement and certain contracts for works, supplies and services and the law of August 13, 2011 concerning public procurement and some markets works, supplies and services in the fields of defence and security (1) PHILIPPE, King of the Belgians , A all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
It partially transposes directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 relative to energy efficiency, amending directives 2009/125/EC and EU-30-2010 and repealing directives 2004/8/EC and 2006/32/EC as well as directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of third-country nationals irregular.
S. 2. in article 17, § 1, of Act of 15 June 2006 on public procurement and certain works, supplies and services contracts, as amended by the law of 5 August 2011, the words "this Act does not apply to the ' shall be replaced by the words"are not subject to the application of this law, except article 41/1. «, the»
S. 3 A section 18 of the Act, as amended by the Act of August 5, 2011, the following changes are made: 1 ° in the paragraph 1, the words "this Act does not apply" shall be replaced by the words "are not subject to the application of this law, except article 41/1 ';
2 ° in the 1st paragraph, from 1 ° to 6 °, the words "public contracts" are each time replaced by "public procurement".
S. 4. in article 20 of the Act, as amended by the law of 5 August 2011, it is inserted a paragraph 1/1 as follows: § 1/1. Except imperative general interest requirements, is excluded from access to the market, at whatever stage of the procedure, any candidate or tenderer for which it is established that he held, as an employer, of third country nationals illegally within the meaning of the Act of February 11, 2013, providing sanctions and measures against employers of illegally staying third-country nationals.
This provision applies in the same manner with respect to the entity to which the candidate or tenderer appealed when this entity's ability is decisive for the selection of the candidate or the tenderer, as appropriate.
Exclusion from participation in public procurement is worth for a period up to five years.
The King may determine exceptions for small-market lying below the amount that it fixed and may impose a maximum duration of application of the exclusion and the terms comply with relevant. The duration of the exclusion cannot exceed five years.
».
S. 5. in the same Act, it is inserted an article 41/1, as follows: «art.»
41/1. § 1. The contracting authority referred to in article 2, 1 °, a) as well as the contracting entities referred to in article 2, 1 °, c) where the activity is funded mainly by the first contracting authority, either management is subject to scrutiny by the contracting authority, or more than half of the members of the administrative, management or supervisory body are designated by the contracting authority , only acquire with respect to products, services and buildings to be set by the King, that high energy performance buildings, products, and services.

For the purposes of this article, means also 'acquisition of a building', lease and acquisition of rights in rem on a building.
Contracting authorities which does not apply the paragraph 1, do not envisage, when acquiring goods, services and buildings to be set by the King, as the acquisition of products, services and buildings with high energy performance.
The acquisition of products, services and buildings with high energy performance is subject to the condition that it be compatible with cost-effectiveness, economic feasibility, sustainability in the broadest sense, the technical adequacy and a level of competition sufficient.
All contracting authorities shall examine, when transiting services markets, the ability to enter into energy performance contracts long-term ensuring energy savings in the long term.
§ 2. The King lays down the procedures for the application of paragraph 1.
For this purpose, the King fixed including the minimum energy performance requirements for products, services and buildings that it determines.
The invocation of the reasons mentioned in paragraph 1, paragraph 4, to justify the acquisition of products, services and buildings that are not high energy performance, may also be submitted by the King to a duty to give reasons. ».
S. 6. in article 55 of the Act, as amended by the Act of August 5, 2011, 1 paragraph is replaced by the following: "articles 5 to 11, 15, 17, 18, paragraph 1, 1 ° to 5 ° and paragraph 2, 19, 20, with the exception of paragraph 1/1, 21, 22, 24, 25, 28-30, 32, paragraphs 1 to 3, 5 and 6. 33, 35-41, 42 and 43, are also applicable to contracts covered by this title. ».
S. 7. at article 18 of the law of August 13, 2011 on procurement and some markets works, supplies and services in the fields of defence and security, as amended by the Act of December 1, 2013, the following changes are made: 1 ° in paragraph 1, the words 'with the exception of paragraph 3, and article 45' shall be replaced by the words "with the exception of paragraph 3 and articles 40/1. and 45 ";
2 ° in paragraph 2, the words "with the exception of article 45', shall be replaced by the words"with the exception of sections 40/1 and 45".
S.
8. in the same Act, it is inserted an article 40/1, as follows: «art.» 40/1. § 1. The contracting authority referred to in article 2, 1 °, a) as well as the contracting entities referred to in article 2, 1 °, c) where the activity is funded mainly by the first contracting authority, either management is subject to scrutiny by the contracting authority, or more than half of the members of the administrative, management or supervisory body are designated by the contracting authority , only acquire with respect to products, services and buildings to be set by the King, that high energy performance buildings, products, and services.
For the purposes of this article, means also 'acquisition of a building', lease and acquisition of rights in rem on a building.
The obligation referred to in paragraph 1 does not apply: 1 ° when its application is in conflict with the nature and the objective forces;
2 ° to military equipment supply contracts referred to in articles 3, 16 and 15, 1 °.
Other contracting authorities which does not apply the paragraph 1, do not envisage, when acquiring goods, services and buildings to be set by the King, as the acquisition of products, services and buildings with high energy performance.
The acquisition of products, services and buildings with high energy performance is subject to the condition that they are compatible with the cost-effectiveness ratio, the economic feasibility, sustainability in the broadest sense, the technical adequacy and a level of competition sufficient.
All contracting authorities shall examine, when transiting services markets, the ability to enter into energy performance contracts long-term ensuring energy savings in the long term.
§
2. The King lays down the procedures for the application of paragraph 1. For this purpose, the King fixed including the minimum energy performance requirements for products, services and buildings that it determines.
The King may impose to justify the acquisition of products, services and buildings that are not high energy performance on the grounds mentioned in paragraph 1, subparagraph 3, 1 °, and paragraph 1, paragraph 5, and may in addition impose an obligation to state reasons. ».
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Prime Minister, E. DI RUPO the Deputy Prime Minister and Minister of defence, P. DE CREM Deputy Prime Minister, Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister of employment, Ms. M. DE CONINCK the Secretary of State for energy, M.
WATHELET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives: 53-3401-2013/2014: 001: Bill.
002: Amendments.
003: Report.
004: The text adopted in the Committee.
005: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 2 in April 3, 2014.
The Senate documents: 5-2314-2012/201: No. 1: project not referred by the Senate.