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PPP Villemandeur canceled for lack of urgency

The first French partnership contract, concluded for the construction and operation of a college Villemandeur (Loiret), was quashed by the Court Administrative Orleans. The partnership contract was awarded in July 2006 by Sogea Northwest, a subsidiary of Vinci Construction associated Auxifip (subsidiary of Crédit Agricole).

The National Union of the second work (SnSO) disputed mainly because of emergency that led the General Council for the use of CP. The court follows the conclusions of Ghislaine Borot, commissioner of the government, believing that the emergency conditions as interpreted strictly by the Constitutional Council were not satisfied in this case.

The urgency is well-known lawyers in public law. In litigation, the concept is a real pitfalls. Nevertheless, there is no precise definition but, paradoxically, demonstrate the urgency is required in certain procedures. The urgency in terms of PPP contract looks like this approach, the urgency as an element "essential but elusive.

The notion of urgency is present in the Public Contracts Code. But it occurs in a context vastly different from the PPP contract. In public procurement law, the urgency to justify the use of exceptional procedures. Two forms of emergency exists in the Code of mere contingency that allows to shorten the consultation time (3 days, rejoice. Sic) the urgency that allows people to use public procurement a negotiated procedure. In all cases, the emergency may not arise from acts attributable to the public person. The emergency procurement requires the existence of objective circumstances. In this sense, the definition of emergency declared by the Government Procurement Directives joined this design.

The urgency in the PPP contract differs from this view notwithstanding. Indeed, to use the PPP, it must demonstrate the complexity and / or urgency. PPP, the urgency is one of the substantive elements of using the PPP process. The urgency shown to lead to the application of a common law procedure (tender) in contrast to what is practiced in public markets (leading to the emergency waiver procedures such as market negotiated).

But how to define the urgency?

The State Council has given a practical approach in a decision dated October 29, 2004 regarding the use of PPP contract. The urgency is what "results objectively, in a sector or geographical area, the need to catch up on a particularly serious threat to the achievement of community facilities." Clearly, as pointed out by the MAPPP, urgency does not appear to preclude the failure of the public entity. The poor security, aging harmful books, compliance is difficult all of which could justify the urgency of using a PPP. The key point resides in the demonstration of the urgency and not encountered in a simple statement that "urgency".

Take the case of PPP (disputed) College Villemandeur. The National Union of the Second Work challenges the decision of the General Council of Loiret assign the construction of the college as a PPP. According to the release of SnSO, the condition of urgency was not satisfied. Preview:

"In this case, the Loiret chose the restricted tendering on the grounds of urgency. However, the guide of good practices of the partnership agreement drafted the support mission of the Ministry of Economy and Finance, says rightly that "the urgency raised by the Constitutional Council is not different from that traditionally accepted by the administrative courts. This is a urgent objective that should not result a priori because of the administration. "

Without debating the principled position of SnSO, one might question the sense of urgency developed in support of the application lodged by the union. In my opinion, the urgency of the PPP contract is not reflected and shaped by the administrative court within the definition of the limits of an interim suspended or an interim conservatory. The PPP contract is the condition of urgency urgent objective, and, again depending on the MAPPP, does not exclude the lack of public person. Retain a conception of emergency so restrictive that litigation would render meaningless the order of June 17, 2004. Back to

Villemandeur. Like many French towns, Villemandeur is facing a shortage of school facilities for its 5,600 inhabitants. In 2003, the General Council decided to build a new college Villemandeur and reduce the carrying capacity of the college who was himself Amilly subject to heavy restructuring. The College of Amilly (restructuring ...) had to accommodate students who would later in the future scolaris Villemandeur college. The new college was to be completed for the 2004 school year but ....

The work is long overdue. The restructuring of the College of Amilly makes college available for September 2005. As for the one Villemandeur, problems come and go. Firstly, problems of land. The City Council should propose Villemandeur land to the builder but it appears that the coveted land belong to private owners: the negotiation takes time. Then the bidding started on the etime of the supervisor give results exceeding 30% to 40% the amount estimated by Moe. The mayor of Villemandeur revives call for tenders on the basis of new estimates, but the result is not conclusive. Second shot missed. Accordingly, the termination of the prime contract work is delivered ....

Meanwhile, children of the municipality of Villemandeur "overload" the college Amilly. Et .. to operate the whole, the General Council is forced to work temporarily to accommodate the influx of college students.

The construction of the college Villemandeur is taken to zero. The General Council is turning to the PPP after screening assessment and in the context of "emergency" resulting from the elements outlined in these few lines.

Given these facts, we must consider that the General Council was faced with an urgent project objectively? In your opinion ...?

The Administrative Court of Orleans launched a true "stir" in full reform of CP ...

Source: http://moniblogs.lemoniteur-expert.com

Anatomy For Beginners Dennis

The General Council of Loiret appeals the decision of the TA 'The first college

In an exclusive interview given in the Gazette of Commons Eric Doligé, President of the General Council (GC) of the Loiret, explains why his community has appealed the decision of the Administrative Tribunal (TA) of Orleans to cancel the debate on the partnership agreement signed Villemandeur for college. "Local communities are doomed to pay more, with longer delays?" Asks Eric Doligé. By calling the president (UMP) of the General Council of Loiret has every intention of showing that the use of contract public private partnership (PPP) for the repair and maintenance College Villemandeur actually served the public interest. "The court decided to annul the decision on this contract so that a case be established on the issue," he says (see Gazette, May 12 p.15). According to the Administrative Court of Orleans, the harm to the functioning of public service by the delay in implementing the college does not have sufficient gravity to meet the test of emergency, justifying the use of PPP. Now the General Council of Loiret relied on this ground to opt for this procedure, notwithstanding common law.

Appealing that decision is therefore to seek the recognition of an error of assessment by the tribunal in the adequacy of various measures taken by the General Council to ensure the education of schoolchildren. TA Orleans was particularly taken into account, as "circumstances", the contracts for the renovation of a nearby college on adding new classrooms and expansion of the refectory precisely in order to enable this institution to accommodate the surplus of college students from Villemandeur sector.
Moreover, logistics had been implemented to transport students from one college to another. Only the views of those circumstances, the judge, the harm to the functioning of public service by the delay in the completion of college Villemandeur not of a nature sufficiently serious to justify a breach of common law public procurement through the use of PPP contract.
should therefore, that the call was successful, the appeal judge reconsider that assessment or a new way of law emerges.

President of Loiret recalls that a law is currently under review, which will justify the particular choice of a PPP contract for economic reasons, it is demonstrated that this solution is more competitive. This is the case with this project, says he.
But is this a new way in order? This is doubtful. This would recognize under a retroactive law in preparation. However, in law, business is deemed under applicable law when making their case, that is to say during the deliberation complained. The action would have little chance of success if it draws this means that ...

Source: La Gazette des Communes

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Orleans' public private "in the Loiret Retoque

The first college "public private" in the Loiret Retoque
Decision-achats.fr, 16/05/2008


No urgency, no PPP. In an April 29 ruling, the Administrative Court of Orleans has canceled the first public-private French signed for the construction and operation of a public college in Villemandeur (Loiret). The court considers that the urgency of the project, relied on by the council, could not be justified in this case: "The infringement of the functioning of public service by the delay in the achievement of college Villemandeur (...) showed no character of sufficient gravity "to depart from the common law of public orders. Created by order of June 2004, the PPP is a contract allowing private operators design and manage public facilities in exchange for rent paid by the public. The council has appealed the ruling.



Double unsuccessful tender



The contested decision was adopted in 2005 for achieving College, arguing the urgency of the construction of the facility, after two unsuccessful bidding. Use of this partnership has helped speed the paperwork. The college was built in emergency to deal with a temporary situation due to the difficulties of another college welcoming 900 students when it was built just to accommodate only 600, according to the General Council. The county council, where the majority is right, said that this procedure allowed to shorten the completion of two years of college and benefit from a lower investment cost by 25% compared to a conventional procedure. Its cost, which includes the construction and management of the college for ten years, amounted to 21.7 million euros, of which 13.3 million euros of work. The partnership agreement was concluded for a period of ten years with the company Auxifip, a subsidiary of Crédit Agricole. The appeal was filed by the National Union of enterprises of second work of the building (SnSO), which includes construction SMEs. To this union, "PPP reflect an abandonment of public powers, lead to extinction of the competition (...) and deprives local companies direct access to public benefit of a handful of majors."



The General Council continues



After this ruling, the council reiterated the urgency of achieving this college in partnership contracts in the wake of unsuccessful bidding and hosting 900 students in a college planned for 600. Eric Doligé Chairman General declared that "the PPP has responded to a real emergency, a need for security and therefore reduces the time but also the investment costs of 25%." The latter criterion should be the new way of remedy that the law PPP will reform this summer: that of "efficiency". It is sufficient to demonstrate that PPPs are in shorter periods or are generally less expensive than a public contract or a DSP for the right to launch . Meanwhile, the appellate court will have to retry this case unique in France.


To go further: all the detail of the reform of PPP in the number of "Purchasing Decision" from June You can also see the bill the website of the Ministry of Economy and Finance .

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EDUCATIONAL TRIP TO VERDUN

Group 3rd Purple and Green in Verdun.

This blog is the record of students who left in eastern France.
The articles have not been amended, and are left as the students have written.
Items will be assessed and they are considered in the validation of B2i.
Happy reading.

K. Duval

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center by Julie Beaulieu

I chose to tell the students arrive in Beaulieu-en-Argonne.

I do not know what it was, an inn youth? Vacation?

Regardless, this was where the 3rd green and purple sleeping, washed and ate.
Firstly it was almost a journey to find where we were going to sleep.

After almost an hour away, or a little more (from Verdun), we arrived at "the inn".

We arrived, someone greeted us and then we went to eat there had a vegetable salad and spaghetti for dessert and I do not remember it should be with biscuits.

"Gege", our driver, we opened the cargo bay so that we can take our business.

We had our room number.
Can boys and girls discovered their side: pink for girls, yellow for boys.

We had time to discover the showers, our rooms, set up our business and make our beds.

The rooms were very pink for my taste but very spacious.

Nous pouvions aller dans la salle de « séjour » où il y se trouvait deux baby-foot et une table de tennis de table.

Ce fut l’heure de rentrer dans nos chambres, nous avions pu par la même occasion nous laver et enfin arriva l’heure du couvre feu.

Normalement tout le monde devait dormir, normalement …

J’ai raconté l’arrivé à Beaulieu-en-Argonne, le 1 ^er jour soit le mercredi 9 avril.

Je me suis dit que j’allais choisir ce sujet dans un contexte hors histoire dans lequel we have "bathed" in the days when we were in Verdun

Julie Lambert-Carabin

3rd green