Abstract

TACHLIAN, Edwin. Efficiency of the categorization of the public procurement contracts. Civilizar [online]. 2009, vol.9, n.17, pp.45-64. ISSN 1657-8953.

The French public procurement contracts at large, including the public markets - public Works or services contracts - the delegation public service, public-private partnership contract or even the administrative emphyteutic lease are close as these contracts aims to procure a good or service to a public entity. But these contracts are classified and specialized, as France does not know a single and generic type of contract for its relation between the administration and the private sector. This categorization is rigid and complex. It is thus extremely difficult in France to create new forms of contract, due to the fact that each contract must enter into a predefined and pre-existing category. If the strict supervision of contracts of public seems dictated by a desire to secure the relationship between the administration and its contractors, it may nevertheless be asked whether this principle of categorization does not be an additional cost to the contractors and the same administration.

Keywords : Contract; tender agreement; public procurement; economic analysis; cost of transaction; codification; categorization.

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