October 1, 2009
Framework of purchasing procedures
As a public industrial and commercial organisation, CNES is not subject to the Code des Marchés publics governing French procedures for the award of public contracts.
The principal purchasing regulations applicable to CNES are therefore:
- Order No.2005-649 dated 6 June 2005 relating to contracts awarded by certain public or private bodies not subject to the Code des Marchés publics amended by Act No.2006-450, dated 18 April 2006;
- Decree No.2005-1742 dated 30 December 2005 setting the rules applying to contracts awarded by the contracting authorities mentioned in Article 3 of the above-mentioned Order No.2005-649, dated 6 June 2005.
Major projected design contracts and procurement policies are submit for the CNES internal contracts commission approval (amended inter-ministerial decree of 20 July 1990 about CNES). All projected contracts concerning amounts not less than € 6,000,000 before VAT are reviewed.
The CNES Board of Directors is also empowered to supervise CNES contracts (Decree No.84-510 dated 28 June 1984, as amended).
Documents covering CNES contracts
CNES contracts generally comprise the following documents, mentioned in descending order of importance:
- the contract document stipulating the respective obligations of the contractor and CNES, and the particular administrative clauses (CCAP),
- the particular technical clauses (CCTP).
The various provisions of the above-mentioned documents shall take precedence over those of the public-contracts general administrative clauses (CCAG) which may be mentioned in the contract document.
There are four types of CCAG:
- CCAG- Travaux (construction and civil engineering works), approved by the amended Decree No.76-87, dated 21 January 1976,
- CCAG- FCS, concerning standard supplies and services, approved by the amended Decree No.77-699, dated 27 May 1977,
- CCAG- PI, concerning intellectual services, approved by Decree No.78-1306, dated 28 December 1978,
- CCAG-MI, concerning industrial contracts, approved by Decree No.80-809, dated 14 October 1980.