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Decree No. 2009 - 1279 Of 22 October 2009 On The Consultative Commission On Public Procurement

Original Language Title: Décret n° 2009-1279 du 22 octobre 2009 relatif à la commission consultative des marchés publics

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Summary

Repeal of Decree No. 2007-61 of 16 January 2007.
Fully repealed (Decree No. 2013-420 of 23 May 2013).

Keywords

ECONOMIE , MARCHE PUBLIC , MARCHE DE L'ETAT , COMMISSION CONSULTATIVE DES MARCHES PUBLICS , ORGANISATION , MISSION , FONCTIONNEMENT , COMPOSITION , COMPETENCE


JORF n°0247 du 24 octobre 2009 page 17875
text No. 33



Decree No. 2009-1279 of 22 October 2009 on the Advisory Committee on Public Procurement

NOR: ECEM0907579D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/10/22/ECEM0907579D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/10/22/2009-1279/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Given the public procurement code, including its article 129 ;
Vu le Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative committees of an advisory nature,
Decrete:

Article 1 Learn more about this article...


The Public Procurement Advisory Commission provides, upon request, the services of the State and other non-industrial and commercial public institutions with assistance for the development or transfer of their markets and framework agreements.
The Commission also provides the territorial authorities, upon request, with the same assistance for the development or transfer of contracts and framework agreements, the amount of which is greater than a threshold established by an order of the Minister for the Economy.

Article 2 Learn more about this article...


The Advisory Committee on Public Procurement comprises the following members:
(a) A President appointed by order of the Minister responsible for the economy, chosen because of his competence in public procurement;
(b) Two vice-presidents appointed by order of the Minister responsible for the economy, chosen because of their public procurement skills;
(c) One or two representatives of the State chosen by the President of the Public Procurement Advisory Board, for their expertise in accordance with the market in question, from a list of public officials of the State, arrested by the Minister of Interior, the Minister of Defence, the Minister of Justice, the Minister for Education, the Minister for Higher Education, the Minister for Ecology, the Minister for Health,
(d) One or two representatives of the territorial authorities selected by the chair of the Public Procurement Advisory Commission for their expertise, based on the market in question, from a list of public officials of the territorial authorities arrested by the Minister responsible for the economy on the proposal of the Minister of Interior;
(e) The Director of Legal Affairs of the Ministry of Economy or his representative;
(f) The Director General of Local Government or his representative;
(g) A representative of the Minister for Competition.
The term of office of the President and Vice-Presidents is limited to three years; It is renewable once.
The procuring authority or procuring entity is present or represented during the review of its proposed contract or framework agreement by the commission.

Article 3 Learn more about this article...


I. ― When the procuring authority or the procuring entity enters the public procurement advisory board, they address the procurement project or framework agreement before the public tender notice is sent to the competition or the launch of the consultation for contracts or framework agreements that do not give rise to advertising.
II. ― Where a procurement or framework agreement project has been reviewed by the public procurement advisory board, the procuring authority or the procuring entity may refer to the commission of a particular difficulty encountered during the procurement process of that contract or framework agreement, prior to its notification.

Article 4 Learn more about this article...


I. ― The request for notice shall include at least one notice of presentation to the commission, the regulation or the letter of consultation, the draft contractual documents, the draft notice of public appeal when the procedure provides and any other document deemed useful in the instruction of the file.
The file is sent to the secretariat of the commission, which, when the file is complete, acknowledges receipt.
The case can be operated in dematerialized form.
II. ― Records are reviewed by one of the Commission's technical secretariats referred to in Article 7. At the conclusion of this review, the Chairperson of the Commission or one of the Vice-Chairpersons may choose, depending on the complexity of the issue raised, to make direct submissions or recommendations to the procuring authority or procuring entity, or to convene the commission for a sitting examination. He then designates a rapporteur on the list referred to in Article 9. The commission then makes an opinion.

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Comments, recommendations or notice shall be brought to the attention of the procuring authority or the procuring entity within a period not exceeding thirty free days from the date of issue of the acknowledgement of receipt of the record.
The service or community concerned may, on an exceptional basis, request that the Commission make its observations, recommendations, or give its opinion, within the time limit set out above.

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Where the procuring authority or procuring entity is a territorial authority, observations, recommendations or notices are forwarded to the representative of the State at the same time as to the community concerned.

Article 7 Learn more about this article...


The secretariat of the Public Procurement Advisory Commission is provided by the Department of Economic Affairs' Legal Affairs. The secretariat is composed of specialized technical secretariats responsible for the preparation of submissions, recommendations and advice made by the Commission.

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The Public Procurement Advisory Commission is convened by its Chair or one of the Vice-Chairs who issues the agenda and addresses it to its members at least seven days before the date of the meeting.
The debates can be organized under the conditions provided for inArticle 7 of Decree No. 2006-672 of 8 June 2006.
In the case provided for in the second paragraph of Article 5, the commission shall be convened twenty-four hours before the date of the meeting and the file shall be sent to the members within the same time limit.

Article 9 Learn more about this article...


Rapporteurs of the Public Procurement Advisory Commission are category agents A or equivalent level, the State and the local authorities, whether active or retired, chosen because of their competence in the procurement of public markets.
They may be responsible for examining the files before the Commission and for presenting those on the Commission's agenda.
The list of these rapporteurs is decided by the Director of Legal Affairs of the Ministry of Economy on the proposal of the Chairman of the Commission.

Article 10 Learn more about this article...


The deliberations of the commission are the subject of a verbatim record, signed by the chair or vice-chair of the commission.

Article 11 Learn more about this article...


The Public Procurement Advisory Commission shall prepare an annual review of the work of the Commission. This report is sent to the Director of Legal Affairs of the Ministry of Economy and to the Director General of Local Authorities of the Ministry of Interior.

Article 12 Learn more about this article...


The Decree No. 2007-61 of 16 January 2007relating to the commission of public procurement of the State is repealed.

Article 13 Learn more about this article...


Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, Minister of State, Seal Guard, Minister of Justice and Freedoms, Minister of Economy, Industry and Employment, Minister of Interior, Overseas and Territorial Authorities


Done in Paris, October 22, 2009.


François Fillon


By the Prime Minister:


Minister of Economy,

industry and employment,

Christine Lagarde

Minister of State, Minister of Ecology,

of energy, sustainable development and the sea,

green technologies

and climate negotiations,

Jean-Louis Borloo

The state minister, keep seals,

Minister of Justice and Freedoms,

Michèle Alliot-Marie

The Minister of the Interior,

the overseas and territorial authorities,

Brice Hortefeux

Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth

Minister of National Education,

Government spokesperson,

Luc Chatel

Minister of Higher Education

and research,

Valérie Pécresse

Minister of Defence,

Hervé Morin

Minister of Health and Sports,

Roselyne Bachelot-Narquin

Minister of Food,

agriculture and fisheries,

Bruno Le Maire

Minister of Culture

and communication,

Frédéric Mitterrand


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