Ministerial Order No. 2022-708 of 12 December 2022 setting out the procedures for the award of building and public works contracts by the State
20.12.2022
Public Law
Ministerial Order No. 2022-708 of 12 December 2022 (JDM No. 8621 of 16 December 2022), which will come into force on 1st January 2023, sets:
→ on the one hand, for restricted public tenders, the terms and conditions for the award of building and public works (B.T.P.) contracts by the State (Titles I to V) :
• Article 23 of Sovereign Order No. 7.264 of 20 December 2018 regulating the State’s public contracts, provides that “the State may establish a system of pre-selection of economic operators”.
In this context, Ministerial Order No. 2022-708 sets out the procedures for pre-selecting economic operators deemed suitable by the State to carry out public works, in particular construction and/or maintenance, applicable to restricted calls for tender, for inclusion in the registre des opérateurs économiques candidats aux marchés publics de l’Etat en matière de travaux (register of economic operators applying for State public works contracts).
• The notice of public invitation to tender for entry in the register of economic operators applying for public works contracts will be published in the Journal de Monaco every two years.
• A Commission de classement (Classification Commission) will be responsible for the administrative, technical and qualitative analysis of the application files in order to assess the economic operator’s level of qualification (opinion).
• The decisions of the Minister of State concerning the inclusion of the economic operator in the register, and where applicable its category, the trades for which it is likely to be consulted and its consultation ceilings, may be the subject of a recours gracieux (informal appeal), in accordance with the provisions of Sovereign Order No. 2.984 of 16th April 1963 on the organisation and functioning of the Supreme Court. If a new element is brought to light, the Minister of State may refer the matter to the Classification Committee again in order to formulate a new opinion on the individual decision that is the subject of the appeal.
→ on the other hand, the procedures for awarding contracts for renovation work entrusted by mutual agreement by the State (Title VI):
• The provisions concern contracts for renovation work under 50,000 euros (excluding VAT) awarded by mutual agreement by the State to promote the local economic fabric.
• In principle, these provisions are exclusively applicable to economic operators classified in category A in the register of economic operators applying for public works contracts. However, if there is no economic operator in this category capable of carrying out a specific job, the order may be placed with other economic operators.
• Each relevant government department (except the Service de Maintenance des Bâtiments Publics –Public Buildings Maintenance Service) allocates the amount of work by trade to companies, and the work is allocated annually in an equitable manner, as far as possible, as orders are placed.
The Service de Maintenance des Bâtiments Publics limits the principle of balancing to economic operators classified in category A in the register of economic operators applying for public works contracts and having signed a “Balancing Charter” with it. The works are distributed to tend towards a balance between the economic operators, over a given period of two calendar years, according to the financial mass allocated to each economic operator, in compliance with the stipulations of the Balancing Charter signed by each company.