Administrative order ECOM2235715A relating to key data from public procurement contracts and administrative order ECOM2235716A relating to key data from concession contracts have been issued on 22 December 2022 and amend the French Public Procurement Code provisions on data’s collection and release.
These administrative orders implement provisions from Decree n° 2022-767 of 2 May 2022 regarding public procurement contracts and concession contracts’ data. This Decree organizes data linkage between identifying data (“données de recensement”) and essential data (“données essentielles”) for these contracts. Essential data aggregate diverse information regarding contract’s type, beneficiary, duration, quantum etc., whereas identifying data are derived from the first ones to give insights regarding public procurement’s economic conditions in France.
From now on, procurement’s collected data include 27 various types of information, whereas concessions’ collected data include 14 various items.
This data linkage consists of two main measures:
- data collection for public procurement contracts from €40.000 VAT excluded (compared with 90.000€ VAT excluded before Decree n° 2022-767);
- linked data’s release on a full open data portal (prior to this, these data were only released on the purchaser’s profile).
These administrative orders replace annexes 15 and 17 to the French Public Procurement Code. These administrative orders will entry into force on 1st January 2024. These measures increase transparency in these sectors, in order to allow economic operators to have a better understanding of the public procurement sectors.
For administrative order n° ECOM2235715A of 22 December 2022 regarding public procurement, please see here.
For administrative order n° ECOM2235716A of 22 December 2022 regarding concession contracts, please see here.
For Decree n° 2022-767 of 2 May 2022, please see here
For further information, please contact:
Boris Martor, Partner, Bird & Bird
boris.martor@twobirds.com