Public procurement project management assistance
Legal framework: 3 European thresholds and 5 governed procedures
On tertiary public procurement contracts supported by Kytom, pre-contractual interim relief proceedings remain rare, compared with the national range of 5 to 7% recorded in the Conseil d’Etat annual reports (litigation section, 2022-2023): the difference is not made on pure legal grounds, but on drafting the technical CCTP upstream. Kytom’s tertiary public procurement project management assistance has secured procedures (MAPA, calls for tenders, framework agreements) for public buyers since 2006. Our teams draft the CCTP documents, analyse weighted bids and guarantee the traceability required by the Public Procurement Code. The Code governs every stage, from programming through to notification, with European thresholds of EUR 143,000 excl. VAT (State), EUR 221,000 excl. VAT (local authorities) and EUR 5,538,000 excl. VAT (works), values published in the JORF for the 2024-2025 period (Code de la commande publique, seuils européens). Kytom intervenes across the entire cycle, combining technical and legal expertise.
The Public Procurement Code distinguishes 5 main routes for public fit-out operations: adapted procedure contract (MAPA) below thresholds, open call for tenders, restricted call for tenders, competitive dialogue and framework agreement. The European thresholds, revised every 2 years by delegated regulation of the European Commission and transposed into the JORF, govern the choice.
| Procedure | Triggering threshold | Minimum submission period |
|---|---|---|
| MAPA | < EUR 143,000 excl. VAT (State) | 15 days recommended |
| Local authority MAPA | < EUR 221,000 excl. VAT | 15 days recommended |
| Open call for tenders | >= European thresholds | 30 to 35 days |
| Works contract | >= EUR 5,538,000 excl. VAT | 30 to 35 days |
Related obligations complete this foundation:
- decree no. 2019-771 of 23 July 2019, which applies to tertiary-use buildings with a floor area greater than or equal to 1000 m² (COSTIC);
- the 2021 Climate and Resilience Act, which makes the environmental criterion mandatory on 22 August 2026 (article 35, JORF of 24 August 2021);
- RGAA digital accessibility for the sites and tools delivered.
According to the annual reports of the Conseil d’Etat (litigation section, public reports 2022 and 2023), 5 to 7% of public procedures are subject to pre-contractual interim relief proceedings, a portion of which result in cancellation or an injunction to restart.
5-phase project management assistance method over 12 weeks
Kytom’s intervention aligns with the regulatory timetable and mobilises OPQIBI-certified project management assistants, working with Qualibat inspection bodies and a formalised internal quality system.
- Programming (2 to 3 weeks): gathering user requirements, auditing the existing building, drafting the functional and technical programme compliant with the MOP Act.
- Setting up the consultation (3 weeks): choice of procedure, justified division into lots (article L.2113-10 of the Public Procurement Code), drafting the DCE (French tender package) including the CCAP, CCTP and consultation rules.
- Advertising and analysis (4 to 6 weeks): BOAMP/JOUE publication, answering questions, weighted multi-criteria analysis.
- Award and notification (2 weeks): reasoned report, detailed rejection letters, compliance with the 11-day standstill.
- Execution and acceptance: monitoring of work orders, approval of progress statements, operations prior to acceptance.
Over the average 12-week cycle, 6 weeks are devoted to the preliminary procedure, the remainder to managing the worksite. The 11 agencies cover France and Spain, enabling local intervention on the multi-site operations of State operators.
Kytom’s position: full project management assistance is not always the right answer. Unlike the widespread practice among many competing project management assistants who maximise scope, below EUR 80,000 excl. VAT and on single-lot operations under 200 m², the cost of full project management assistance exceeds the hoped-for litigation benefit: a one-off DCE review assignment is sufficient. Likewise, when the contracting authority has a substantial in-house procurement department (typically metropolitan areas with more than 250 public procurement staff), project management assistance is limited to technical programming without duplicating the legal function.
For the B2B partner: how project management assistance changes the profitability of a public file
For a B2B partner (lead architect, engineering firm, construction economist, AV/IT integrator) responding to tertiary public procurement contracts alongside Kytom, the economic centre of gravity is not litigation but the non-billable time absorbed by buyers’ questions and technical amendments. A robust DCE significantly reduces the overall timeframe by limiting BOAMP question/answer sessions and by integrating regulatory requirements and environmental standards (HQE in particular) upstream, which eliminates late technical amendments, the main point of friction for engineering firms on long cycles. A solid technical weighting also avoids the automatic award to the lowest bidder, which is frequent when price gaps between candidates are significant.
For a B2B partner, the selection criterion for a project management assistant is therefore not its price but the ratio between the project management assistance cost and the technical amendments avoided over the standard timeframe. This is the metric we document at the end of the assignment, enforceable in the event of a review by the regional audit chamber.
Measured benefits: limited appeals and controlled timeframes
Public operations supported by Kytom show a very low litigation rate, well below the national averages recorded in administrative litigation reviews. Three levers explain this gap:
- Robust DCE: precise consultation rules and an exhaustive CCTP limit candidates’ questions and changes during the procedure, significantly reducing procedure timeframes.
- Balanced multi-criteria analysis: price gaps between bids in tertiary fit-out can be significant; a solid technical weighting avoids the automatic award to the lowest bidder.
- Environmental anticipation: the requirements of the tertiary decree and the usual environmental standards are integrated right from the programming stage, which eliminates late technical amendments.
The average floor area per lot is handled within a framework timeframe met on the vast majority of worksites. At the end of the assignment, public buyers have a complete traceability file, enforceable in the event of a review by the regional audit chamber.
Points to watch: division into lots, standstill and the 2026 environmental criterion
Four points of vigilance structure project management assistance assignments on tertiary public procurement contracts:
- Division into lots (article L.2113-10 of the Public Procurement Code): insufficient division into lots opens the door to pre-contractual interim relief proceedings; Kytom justifies each derogation (single lot) with an enforceable technical or economic reason.
- 11-day standstill between notification of rejection and signature: any shortcut exposes the contract to cancellation. The 5-phase timetable incorporates this period.
- Mandatory environmental criterion on 22 August 2026 (Climate and Resilience Act, article 35): CCTP documents drafted since 2024 already anticipate this requirement to avoid a retroactive update.
- Retention of documents: 10 years for works contracts, 5 years for service contracts, in accordance with DGFiP instructions.
One limit to acknowledge: on sensitive operations (Defence, certain sovereign operators), Kytom’s combined technical-legal expertise does not cover the specific security clearance and confidentiality aspects, which fall to specialised project management assistants.
Frequently asked questions
What are the 2024-2025 European thresholds for public procurement contracts?
EUR 143,000 excl. VAT for the State, EUR 221,000 excl. VAT for local authorities, EUR 5,538,000 excl. VAT for works contracts (values published in the JORF, 2024-2025 period, biennial revision by delegated regulation of the European Commission, Code de la commande publique).
What is the cost of a public procurement project management assistance assignment?
Between 3 and 8% of the works amount depending on the scope of the assignment. Below EUR 80,000 excl. VAT, a one-off DCE review assignment is more relevant than full project management assistance.
What timeframe should be allowed for an open call for tenders procedure?
30 to 35 days minimum between BOAMP/JOUE publication and bid submission, plus an 11-day standstill before signature. Over the full cycle, Kytom observes three months on average, including six weeks of preliminary procedure.
Is the environmental criterion already mandatory in public procurement contracts?
It becomes mandatory on 22 August 2026 (2021 Climate and Resilience Act, article 35, JORF of 24 August 2021). The CCTP documents drafted by Kytom since 2024 incorporate this criterion to avoid a retroactive update of ongoing files.
What litigation rate is observed on public procurement contracts?
5 to 7% in the national range according to the annual reports of the Conseil d’Etat (litigation section, 2022-2023 reports, rapports annuels du Conseil d’Etat). Our approach of drafting the technical CCTP upstream helps to significantly limit litigation on our files.
