To meet its needs for works, supplies, and services, a public or private buyer (the State, local authorities, hospitals, etc.) must enter into a public procurement contract with an economic operator. The rules governing these contracts are defined by public procurement legislation.
A public procurement contract is a contract concluded for consideration between a public or private buyer and a public or private economic operator. The purpose of the contract is to meet the buyer’s needs in terms of works, supplies, or services.
Contracts with a value equal to or greater than €40,000 (excluding VAT) must be awarded electronically. They may be carried out through the State’s procurement platform (PLACE) or through the platforms of local authorities and public institutions.
This type of contract is defined in contrast to a free-of-charge contract.
In a contract for consideration, each party receives a counterpart, usually the payment of a sum of money, in exchange for performing a service or delivering a good.
However, other forms of remuneration may also give a contract its remunerative character. This is the case, for example, with an urban furniture contract, where advertising revenue represents the service provider’s remuneration.
The contracting party of the buyer may be a natural or legal person, public or private. This may include a group of natural persons brought together to carry out a common activity (companies, civil partnerships, associations, the State, local authorities, etc.). Such a group may consist of both natural and legal persons, or even a single member (for example, a single-member limited liability company – EURL).
Most often, private suppliers or contractors respond to public procurement contracts, but nothing prevents a public buyer from applying as a candidate. In this case, public procurement principles apply, particularly equal treatment between candidates.
For example, when setting its price, a public candidate must not benefit from advantages resulting from the resources or means allocated to it as part of its public service mission.
The persons entitled to respond to a public procurement contract are defined as follows:
At the beginning of the competitive procedure, the participant is referred to as an economic operator.
A candidate is an economic operator who applies to participate or is invited to participate in the procedure.
A tenderer is an economic operator who submits an offer as part of a public procurement award procedure.
Legislation identifies three types of needs:
Works
Supplies (purchase, rental, etc.)
Services
The distinction between these three types is important because certain rules vary depending on how the need is classified (also known as the “subject matter of the contract”).
For example, the estimated value of the need determines which procurement procedure must be applied. This value differs depending on whether the contract concerns supplies or services, or works.
Any person must be able to freely become aware of a buyer’s procurement needs.
This principle is guaranteed through the publication of notices by the buyer to inform potential candidates of its needs. When the purchase exceeds certain publicity thresholds, this publication results in competition between candidates.
Respect for the principle of equal treatment prohibits any discrimination and applies throughout the entire procedure.
The drafting of the specifications must be objective and must not influence the buyer’s choice.
All bids received within the required deadline must be examined, regardless of the candidate’s nationality or location.
All candidates must have access to the same information. If one candidate asks a supplementary question, the buyer must share the response with all candidates.
The selection criteria are communicated to candidates from the publication stage. These criteria allow the buyer to choose the most economically advantageous offer.
Likewise, any tenderer whose bid is rejected must be informed of the rejection and the reasons for it.
Failure to comply with these principles may result in the following sanctions:
Criminal sanctions: the offence of favoritism, in the event of acts contrary to provisions guaranteeing freedom of access and equality between candidates in public procurement.
Administrative sanctions: any person who has suffered harm may refer the matter to the administrative court through urgent proceedings (before or after contract signature) if the award procedure failed to comply with publicity and competition rules.
January 26, 2026 - BY Admin