Description

This training will allow you to understand the different types of disputes that can arise in public procurement. You will identify possible remedies and discover the methods and best practices that will allow you to assert your rights.

Who is this training for ?

For whom ?

Managers or editors of legal services or markets within the State, local authorities or public establishments. Lawyers responsible for pre-litigation and litigation.

Prerequisites

Training objectives

Know and prevent disputes that may arise in public procurement

Understand the different possible remedies to assert your rights

Analyze the formal and substantive rules to be respected during an appeal

Know how the legality check is carried out

Identify the consequences of the cancellation of a public contract

Training program

• Identify the types of appeals relating to public procurement
  • The pre-contractual summary.
  • The contractual summary.
  • The appeal to challenge the validity of the contract (Tropic).
  • The appeal cancellation of detachable documents.
  • Exchanges Regulatory and case law news: what impact on your practices?
• Understanding the dispute relating to the execution of the contract
  • Disputes concerning the execution of the contract: amendments, unforeseen technical constraints.
  • The summary assessment.
  • The summary provision.
  • Appeals for compensation filed before the administration and the administrative court.
  • Practical work Focus on the various disputes specific to works contracts: contractual and legal guarantees, disputes over general accounts.
• Know the possibilities for amicable settlement of disputes
  • Drafting a contractual clause.
  • Transaction or conciliation.
  • Mediation and arbitration.
  • Practical work Identify an amicable settlement solution adapted to a dispute.
• Identify fraudulent practices falling under criminal law
  • Fraudulent practices falling under criminal law.
  • Attacks on freedom of access and equality of candidates in public contracts.
  • The crime of favoritism.
  • Passive corruption and influence peddling committed by persons exercising a public function.
  • Illegal taking of interests.
  • Work practices From an example, identify the typology of the crimes involved.
• Assert your rights before the administrative judge
  • Know the course of a proceeding and prepare for it.
  • The consequences of the decision of the administrative judge.
  • Possible actions to minimize the impact of an unfavorable decision.
  • Practical work Case study: verify the admissibility of the complainants' request, identify the conditions of admissibility of a request: validity, quality and interest in taking action.