“I am extremely skeptical.” Marie-Luz Nicaise couldn’t be clearer. Whether their names are Patrick Allemand, Marc Concas, or Frรฉdรฉrique Grรฉgoire-Concas, all express their doubts and concerns as well. As part of the recovery plan, the state has amended the Public Procurement Code (CMP). Several aspects of this reform have captured the attention of the left in Nice.
When local authorities, such as the City of Nice, undertake construction works, they call upon several construction companies who compile specifications including architectural plans and costs. The Tender Committee (CAO), comprised of elected officials and chaired by the mayor or his representative, reviews the bids and the files of each company.
Now, only contracts for construction works exceeding 5,150,000 euros and contracts for supplies and services exceeding 205,999 euros are required to go through the CAO. Offers ranging from 500,000 to 5,150,000 euros are reviewed through the Simplified Procurement Procedure (MAPA). The advertising periods are now 52 days for the CAO but more concerningly, only 22 days for MAPA-related contracts! “This is worrying,” points out Marc Concas, general councilor of the 1st Canton of Nice. “In eleven months, we have seen only two projects over five million euros in Nice. Twenty-two working days of advertising for the majority of the projects… It’s a recipe for rushed work,” Marie-Luz Nicaise adds.
No More Anti-Fraud Commission
The second point concerns the envelopes sent to local authorities. Before the amendment of the decrees, candidates submitted two envelopes. The first contained the specifications and the second the price, but the latter was not opened if the bid was deemed inadequate. Now, there will only be one envelope containing both. The third point concerns one of the major tools for market regulation of goods, products, and services: the General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF). On December 15, 2008, the government made room in the Departmental Directorates for Population Protection (DDPP).
Each DDPP reports directly to the authority of the Prefect and according to the left-wing officials, “things are not looking good in our department. The risk of influence from local political and economic interests, not to mention private ones, is obvious. It should be understood that in case of a legality issue, only the prefect will decide whether to involve the prosecutor.” This is not to say that impartiality and morality are being questioned, but it is well-known that shady deals or little arrangements among friends have been customary for a long time with previous administrations in Nice.
The Left will Serve as the Assessment Commission
To prevent any potential issues, Christian Estrosi asks the opposition councilors to hold an ad-hoc committee, specifically tasked with overseeing and assessing the markets, “but without any decision-making power,” laments Marc Concas. “If we notice anything abnormal or suspicious, all we can do is write a letter to the Prefect, nothing more.”
These new rules of the recovery plan, taken for the sake of speed, are significant measures because they clearly change the dynamics of public procurement.
