Les contrats administratifs (types de contrats, principes, marchés publics) Flashcards
(24 cards)
What is the definition of an administrative contract?
An administrative contract is a legal agreement formed between a public authority and a private entity to carry out a public service or project.
True or False: Administrative contracts are exclusively governed by private law.
False
What distinguishes administrative contracts from private contracts?
Administrative contracts are characterized by their public law nature and the special powers granted to the public authority.
Fill in the blank: The principle of __________ allows public authorities to modify administrative contracts unilaterally.
administrative authority
Which type of administrative contract is commonly used for public works?
Public works contracts
What is a public service delegation?
A public service delegation is an administrative contract where a public authority entrusts a private entity with the management of a public service.
Multiple Choice: Which of the following is NOT a type of administrative contract? A) Public works contract B) Public service delegation C) Private lease contract
C) Private lease contract
What principle ensures transparency in public procurement?
The principle of equal treatment
True or False: The procurement process for administrative contracts must comply with specific legal frameworks.
True
What is the main purpose of public procurement?
To acquire goods, services, or works for public authorities in a transparent and competitive manner.
Fill in the blank: The __________ is the document that outlines the terms and conditions of a public contract.
contract notice
What is the role of the Commission of Public Procurement?
To oversee and ensure compliance with the rules governing public procurement.
Multiple Choice: Which of the following principles is NOT part of public procurement? A) Transparency B) Confidentiality C) Competition
B) Confidentiality
What is the significance of the principle of non-discrimination in public contracts?
It ensures that all candidates have equal access to participate in the procurement process.
True or False: Administrative contracts can be freely assigned to third parties without any restrictions.
False
What is the duration typically specified in administrative contracts?
It varies depending on the project but is usually defined clearly within the contract terms.
Fill in the blank: The __________ is a formal request by a public authority to obtain offers from suppliers.
call for tenders
What is the purpose of a framework agreement in public procurement?
To establish the terms for future contracts over a specified period without committing to specific quantities.
Multiple Choice: Which of the following is a key document in the public procurement process? A) Contract notice B) Employment contract C) Lease agreement
A) Contract notice
What is the purpose of the competitive dialogue procedure?
To allow public authorities to engage in discussions with potential suppliers to develop suitable solutions for complex needs.
True or False: All public contracts must be published to ensure transparency.
True
What are the potential consequences of non-compliance with public procurement laws?
Legal challenges, annulment of contracts, and financial penalties may occur.
Fill in the blank: The __________ is responsible for enforcing compliance with public procurement regulations.
National Audit Office
What is the primary objective of the public procurement law?
To ensure fair competition, transparency, and efficiency in the allocation of public resources.
