This order applies to contracts subject to the public procurement code as well as to public contracts that are not subject to it, in progress or concluded during the period from the 12^th of March 2020 until the end of the state of a health emergency, increased by a period of two months.

This applies to the Wallis and Futuna Islands, French Polynesia, New Caledonia, and the French Southern and Antarctic Territories, with regard to public procurement contracts concluded by the State and its public establishments. In the Wallis and Futuna Islands and in the French Southern and Antarctic Territories, it also applies to concession contracts concluded by other public and private law bodies and persons entrusted by the State with a public administrative service mission.

It provides for:

• The extension for these contracts (except for those which cannot be delayed) of the time limits for the receipt of applications and tenders in ongoing procedures by a sufficient period, fixed by the contracting authority, to allow economic operators to submit applications or tenders ;
• the possibility of adjusting the competitive tendering procedures provided for under the public procurement procedure in the documents relating to the consultation of undertakings if they cannot be complied with by the contracting authority ;
• The extension of contracts that expire between the 12^th of March 2020 and the end of the state of health emergency when the organization of a competitive tendering procedure cannot be implemented ;
• The possibility for buyers to modify the conditions of payment of the advance, its rate is increased to an amount greater than 60% of the amount of the contract or purchase order ;
• In the event of difficulties in performing the contract:
  • In particular, where it is impossible to carry out the work within the time limits laid down, the extension of the time limit for its execution ;
  • In particular of the total or partial impossibility of execution,
    – The absence of sanctions, contractual penalties or contractual liability ;
    – The possibility of concluding a substitute contract with a third party to satisfy those of its needs which cannot suffer any delay, notwithstanding any exclusivity clause and without the holder of the initial contract being able to engage, for this reason, the contractual responsibility of the purchaser ;
  • Compensation for expenses incurred when they are directly attributable to the execution of a canceled purchase order or a contract terminated in view of the measures taken by the competent administrative authorities in the context of a state of health emergency ;
  • Settlement of the contract without delay by the purchaser in accordance with the procedures and for the amounts provided for in the contract when that purchaser is led to suspend a lump-sum contract whose performance is in progress ;
  • Suspension of payments due to the grantor when the latter suspends the execution of a concession; however, if the economic operator’s situation justifies it and up to its needs, an advance on the payment of the sums due by the grantor may be paid to it ;
  • The payment of an indemnity by the grantor to the concessionaire when the grantor is led to significantly modify the terms of execution provided for in the contract.