Administrative law
Public procurement law
Public contracts, concessions and public-service delegations: advice and litigation at every stage in the life of the contract.
Public procurement covers all the contracts through which public bodies – the State, local authorities and public establishments – and certain private bodies subject to public rules obtain supplies, services or works, or entrust the running of a public service to an economic operator.
Governed by the French Public Procurement Code (Code de la commande publique), this field is marked by demanding procedural requirements: advertising and competitive-tendering rules, equal treatment of candidates, transparency of procedures, and litigation with tight deadlines. The firm advises and defends bidding economic operators as well as public purchasers and grantors, at every stage in the life of the contract.
How I can help
Awarding contracts
- Legal safeguarding of procedures: analysis of the applicable rules, drafting of tender documents, division into lots, sourcing.
- Assistance to candidates in preparing and drafting bids.
- Pre-contractual and contractual challenges (référé précontractuel, référé contractuel).
- Damages claims by unsuccessful bidders.
Performance of contracts
- Amendments and variations to the contract during performance.
- Performance disputes: delays, breaches, application of penalties.
- Subcontracting, assignment of receivables, direct payment.
- Damages claims arising from performance.
Termination and challenge of the contract
- Termination for breach or on grounds of general interest.
- Actions challenging the validity of the contract (Béziers I and Tarn-et-Garonne case law).
- “Useful measures” interim applications (référé mesures utiles) and other urgent proceedings.
Types of contract handled
- Public contracts (works, supplies, services).
- Concession contracts and public-service delegations.
- Bundled contracts: partnership contracts, design-and-build, global performance contracts.
To go further: public procurement falls within administrative law. Contact the firm to set out your situation.