The history of public procurement in France partly mirrors the country’s economic, legal and even political history. Let us take a moment to look at that history.
The origins of public procurement can be traced back to the Ancien Régime. Procedures were not formally codified, however, and public procurement contracts were often awarded at the discretion of the monarch or of influential nobles.
It was Napoleon Bonaparte who, in the early nineteenth century, introduced the first formal legal framework for public procurement. The imperial decree of 1806 on the organisation of the Ponts et Chaussées, the French roads and bridges corps, established three basic principles that have endured to this day: publicity, competitive tendering and oversight of operations. This ensured that contracts were awarded fairly and transparently rather than on the basis of favouritism.
Through the nineteenth century, the public procurement system continued to develop, with particular emphasis on bureaucracy and the meticulous management of documentation. Laws and regulations also grew more complex, becoming ever more detailed and precise. The rules governing the award of public works contracts, for example, were strict and, if not complied with, could lead to severe penalties.
In 1928, France took an important step with the introduction of the French Public Procurement Code (Code des marchés publics). The code brought the existing rules and regulations together in a single document, making procurement rules easier to understand and apply. It has been revised several times over the years, the latest version dating from 2019.
The fundamental principles governing public procurement in France today are set out in the code: freedom of access to public contracts, equal treatment of candidates and transparency of procedures. These principles aim to ensure that public purchasing is effective and that public money is well spent.
In conclusion, the history of public procurement in France is a story of growing transparency and bureaucratic rationalisation, mirroring the evolution of the French state itself. From the arbitrariness of the Ancien Régime to the fairness and transparency of the modern era, public procurement has come a long way, becoming an essential part of the French economy and an example of effective public administration.