Make public procurement a strategic tool for territorial development
We regularly read that local authorities would like to see companies in their department or even their own municipality win the calls for tenders they issue rather than large groups with established locations. How can we encourage local VSEs and SMEs in public purchasing? \n
Favoring local businesses, is this possible for public buyers?
\nThe choice of one company over another in the context of a call for tenders is based on numerous criteria (technical, financial, etc.) accompanied by a weighting. Geographical proximity or the origin of a company are today considered discriminatory criteria and are therefore inadmissible. \n\nOn the other hand, certain criteria can constitute alternatives to “local preference”. This is the case of environmental criteria where a limitation of CO2 emissions may be requested as part of the calculation of the “life cycle cost” of the product, work or provision of the service. THE supply chain performance criterion can also be taken into account to promote short circuits or direct purchases. Finally, the delivery or execution time of the contract can make it possible to favor local companies by focusing on the availability and speed of intervention of the service provider. Be careful, however, these criteria must however be justified by the subject of the contract. \n\nPublic buyers cannot therefore officially favor local companies but can add environmental, sourcing or deadline criteria, if justified, in their calls for tenders. \nWhat does the legislation say regarding the access of local VSEs and SMEs to public markets?
\nMany deputies wish to promote local public purchases, this is notably the case of Benoit Potterie, LREM deputy, who can be read in the Courrier des Maires: “ it is incongruous that the municipalities and EPCI do not have the tools to favor locally established companies in the awarding of contracts, while the government seeks to favor short circuits ". \n\nThe answers given to these deputies are always the same: favoring local companies in public procurement is contrary to the public procurement code and its constitutional principles. \n\nHowever, for several years we have observed new measures to simplify access to public markets for all companies, and therefore even the smallest. \n\nThis is particularly the case of the dematerialization of public procurement, implemented since 2016 and aimed at simplifying procedures. In fact, a single document is used for the application from now on, the DUME (Single European Procurement Document) which replaces documents DC1 and DC2 in particular. The delivery of paper envelopes, which was previously required, is replaced by the sending of an electronic file. \n\nIn addition, at the end of 2019, a decree made it possible to raise the procedure exemption threshold from €25,000 to €40,000. What does this mean? From now on, all public contracts estimated at less than €40,000 excluding tax can be awarded without advertising or prior competitive bidding. Thus, public buyers can directly ask a company to carry out a contract without going through a call for tenders, and therefore favor a local candidate. \n\nFinally, the ASAP law discussed since September 2020 can also move the lines. Indeed, this bill for the Acceleration and Simplification of Public Action aims to promote the recovery of the economy by: \n- \r\n
- facilitating access to public contracts for certain companies, for example those in receivership or those employing disabled workers \r\n
- temporarily raising the threshold for public contracts concluded without advertising or competitive bidding to €100,000 instead of €40,000 \r\n
