French General Code of Local Authorities
In forceI.-A committee will analyse the application files and draw up a list of candidates admitted to submit a tender after examining their professional and financial guarantees, their compliance with the obligation to employ disabled workers provided for in articles L. 5212-1 to L. 5212-4 of the Labour Code and their ability to ensure the continuity of the public service and the equality of users before the public service.
In the light of the commission's opinion, the authority authorised to sign the public service delegation agreement may freely organise negotiations with one or more tenderers under the conditions provided for in article L. 3124-1 of the public procurement code. It informs the deliberative assembly of its choice of company. It forwards the committee's report to the deliberative assembly, which sets out in particular the list of companies invited to submit a bid and the analysis of their proposals, as well as the reasons for the choice of the candidate and the general structure of the contract.
II.- The committee is made up of: the director of the company in question, the director of the company in question and the director of the company in question.The committee is made up of:
a) In the case of a region, the territorial collectivity of Corsica, a department, a municipality of 3,500 inhabitants or more and a public establishment, by the authority empowered to sign the public service delegation agreement or its representative, chairman, and by five members of the deliberative assembly elected from among its members by proportional representation with the largest remainder;
b) In the case of a municipality with fewer than 3,500 inhabitants, by the mayor or his representative, chairman, and by three members of the municipal council elected by the council on the basis of proportional representation by the largest remainder.
The same procedure is used to elect a number of alternates equal to that of the full members.
A quorum is reached when more than half of the members with voting rights are present.
If, after a first convening, this quorum is not reached, the commission is reconvened. When invited by the chairman of the committee, the local authority's accounting officer and a representative of the Minister for Competition may attend committee meetings in an advisory capacity. Their comments will be recorded in the minutes.
Committee members may include, in an advisory capacity, prominent figures or one or more employees of the local authority or public establishment appointed by the chairman of the committee for their expertise in the area covered by the public service delegation.
III.-The committee's deliberations may be organised remotely under the conditions set out in Order no. 2014-1329 of 6 November 2014 relating to remote deliberations by administrative bodies of a collegiate nature.
>The committee's deliberations may be organised remotely under the conditions set out in Order no. 2014-1329 of 6 November 2014 relating to remote deliberations by administrative bodies of a collegiate nature.The committee's deliberations may be organised remotely under the conditions set out in Order no. 2014-1329 of 6 November 2014 relating to remote deliberations by administrative bodies of a collegiate nature.
