The riots that shook France from 27 June to 5 July 2023 left behind extensive damage and rebuilding work. To rebuild quickly, particularly given the Olympic Games fast approaching, the Government introduced a special law, the Act of 25 July 2023, which allows certain administrative rules to be bypassed in order to speed up the works, supplemented by Order no. 2023-660 of 26 July 2023 setting out the temporary derogations from the French Public Procurement Code.
Sponsored by Bercy, the French finance ministry, this text aims to reopen public services and facilities as quickly as possible by authorising various temporary adaptations and derogations to speed up renovation works.
I. Exceptional measures to speed up reconstruction
The record of the Council of Ministers reveals that Article 2 of the Act on reconstruction authorises the Government to take exceptional measures by order to facilitate and speed up the rehabilitation of public facilities and buildings damaged during the riots of June and July 2023.
A. Simplified tender procedures
In order to hasten reconstruction, contracting authorities subject to the French Public Procurement Code will be able, for a limited period, to use simplified procedures for awarding public procurement contracts. They will thus be exempt from publishing a prior call for competition, although competitive tendering will be maintained for all works contracts needed to repair damaged public facilities and buildings with an estimated value below €1.5m excluding tax.
B. Greater flexibility on the division of public procurement contracts into lots
During this period, purchasers will be able to depart from the general principle of dividing the required works into lots, without having to justify doing so or to limit their payments. This flexibility will speed up the reconstruction process.
II. Introduction of the design-and-build contract
The order adopted by the Government creates a new ground on which contracting authorities may use a design-and-build contract. This unprecedented, temporary and unconditional measure will allow them to award a single public procurement contract covering both the design studies and the execution of the necessary works.
III. How long these temporary measures apply
All these simplifications and derogations will be in force for nine months from the date on which the order enters into force. This exceptional period is intended to speed up reconstruction and support a rapid exit from the post-riot crisis.
Conclusion
Through these exceptional measures, the Government intends to boost the reconstruction of buildings and facilities damaged during the riots of June and July 2023. Simplified tender procedures and flexibility on the division of works into lots should allow public services to reopen more quickly. In addition, the use of design-and-build contracts brings a new approach to speeding up the necessary works. These temporary provisions will apply over a period of nine months, for an efficient and effective reconstruction.