Draft Decree on the Simplification of Public Procurement
The French Government has published a new draft decree simplifying public procurement law (PPL), partly inspired by the work of the Senate fact-finding commission whose report was made public on July 8, 2025. The text sets out several significant measures. A presentation of the main changes follows.
The Legal Affairs Department (DAJ) opened a public consultation on November 10, 2025, running until November 25, 2025, on a draft decree introducing various simplification measures for PPL.
Increased Thresholds for Works Contracts
The draft decree first secures the permanent increase of the threshold for works contracts exempt from advertising and competitive tendering to €100,000 ex-VAT, following several temporary increases since 2020.
It also provides for alignment with European law for innovative contracts, which could be concluded without advertising or competitive tendering up to €140,000 ex-VAT.
Price Analysis
The draft then confirms that price analysis must be conducted inclusive of all taxes, thereby settling case law debates (CAA Bordeaux, 15 novembre 2016, n°15BX00253 ; CAA Toulouse, 19 mars 2024, n°22TL20276). This runs counter to the recommendations of the Senate fact-finding commission, which advocated basing the analysis on prices exclusive of tax to ensure equal treatment among candidates.
This provision would be codified in the new Article R. 2152-7-1 of the Public Procurement Code (Code de la commande publique).
Lowering the Cap
Furthermore, in line with the regularly reaffirmed objective of facilitating access to public contracts for Very Small Enterprises (VSEs) and Small and Medium-sized Enterprises (SMEs), the Government proposes to lower the cap for the minimum required turnover from twice to one and a half times the estimated contract amount (article R. 2142-7).
Jurisdiction of the CCRA
The decree would also expand the jurisdiction of the Regional Public Procurement Conciliation Committees (CCRA – Comités consultatifs de règlement amiable des différends relatifs aux marchés publics).
These committees, extended until June 8, 2030, and previously limited to disputes concerning the execution of public contracts, could now intervene in concession matters. Should conciliation not be possible before the CCRA, the administration already invited the parties to concession contracts to utilize alternative dispute resolution methods (ADR), including without limitation through conciliation clauses (Practical Guide on ADR – DAJ, 2024).
Default of the Awardee
Finally, the text introduces the possibility for the purchaser, in the event of a default by the awardee before notification, to solicit the tenderer ranked immediately next, and subsequently those following in the ranking in the event of refusal.
This new provision addresses an issue also identified by the Senate fact-finding commission, which, for its part, recommended extending this possibility to defaults occurring during execution in the event of a safeguard, reorganization, or winding-up judicial procedure.
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