All changes from January 2023
A decree issued in Official Journal of 29 December 2022 introduces various amendments relating to public procurement on 1to January 2023.
The decree issued in Official Journal of 29 December 2022 shall also raise the minimum amount of the advance granted to the holder of a public contract to 30 % of the initial amount, including all taxes, of the contract when the contract was awarded by the State with a SME. This rate was previously set at 20%.
In addition, a period will be established for the repayment of the advance, taking into account the amount of the advance and the sums still owed to the holder. This reimbursement, called “by prepayment”, is made on the amounts due to the holder.
It is introduced for the following:
- for advances equal to or less than 30 % of the amount of the contract, when the amount of the benefits executed reaches 65 % of the amount of the contract;
- for advances exceeding 30 % of the amount of the contract, at the first request for payment.
Contractor’s remuneration: the rules for exceeding the tolerance threshold are clarified
The decree clarifies, in the event of circumstances that could not be foreseen by the project manager or in the absence of any failure to him, his commitments regarding compliance with the estimated cost of the works and the cost resulting from public works contracts.
These clarifications are in response to concerns expressed by representatives of the project owner as to the extent of their responsibilities in the event of slippage in site costs.
In this way, the client cannot force the project manager to resume his studies without additional remuneration and cannot reduce his remuneration if the latter is not responsible for exceeding the tolerance threshold.
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