Regulations
Who is affected?
Public purchasers
When?
The provisions of the decree come into force as follows:
- vigilance plan: May 4, 2022
- elimination of the option to select bids on the basis of price alone: August 2026.
Summary
Pursuant to article 35 of the French Climate and Resilience Act, the decree removes from the regulatory part of the French Public Procurement Code any reference to the possibility of defining a single award criterion based on price in public procurement contracts, and requires concessionaires to describe in the annual report submitted to the conceding authority the measures implemented to guarantee environmental protection and integration through economic activity.
The decree also stipulates that, as of May 4, 2022, public purchasers and concession-granting authorities may exclude from the award procedure companies that have not complied with the obligation to draw up a due diligence plan under article L. 225-102-4 of the French Commercial Code.