The riots that shook France from June 27 to July 5, 2023 left a trail of damage and building sites in their wake. In order to rebuild quickly, particularly in view of the rapidly approaching Olympic Games, the Government has introduced a special law, the law of July 25, 2023which allows certain administrative rules to be circumvented in order to speed up work. order no. 2023-660 of July 26, 2023 aimed at clarifying temporary exemptions to the public procurement code.
Promoted by Bercy, this text aims to reopen public services and facilities as quickly as possible, by authorizing various adaptations and temporary exemptions to speed up renovation work.
I. Exceptional measures to speed up reconstruction
The Council of Ministers’ minutes reveal that article 2 of the law on reconstruction authorizes the Government to take exceptional measures by ordinance to facilitate and accelerate the rehabilitation of public facilities and buildings damaged in the riots of June-July 2023.
A. Simplified tendering procedures
To speed up reconstruction, project owners subject to the French Public Procurement Code will be able to benefit from simplified public procurement procedures for a limited period. They will no longer be required to publish a call for tenders, but competitive bidding will continue to be required for all works contracts required to repair damaged public facilities and buildings, with an estimated value of less than 1.5 million euros excluding tax.
B. Flexibility in the allotment of public procurement contracts
During this period, purchasers will be able to circumvent the general principle of allotting the necessary services, without having to justify or limit their payments. This flexibility will speed up the rebuilding process.
II. Introduction of the design-build contract
The ordinance adopted by the government introduces a new option for project owners to use the design-build contract. This unprecedented, temporary and unconditional approach will enable them to award a single public contract covering both the design and execution of the necessary work.
III. Duration of these temporary measures
All these simplifications and derogations will be in force for nine months from the date of entry into force of the ordinance. This period of exception is intended to speed up reconstruction and encourage a rapid exit from the post-riot crisis.
Conclusion
Thanks to these exceptional measures, the government intends to boost the reconstruction of buildings and equipment damaged during the riots of June-July 2023. The introduction of simplified tendering procedures and flexibility in the allotment of services should enable public services to be reopened more quickly. In addition, the use of a design-build contract offers a new approach to speeding up the necessary work. These temporary provisions will apply for a period of nine months to ensure efficient and effective reconstruction.
