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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 .