Decree no. 2024-497 aims to speed up the completion of major strategic public projects and unblock those in difficulty, by introducing more flexible derogation procedures while strengthening management and control. It applies to strategic public projects in key sectors such as infrastructure, energy, transport, agriculture, health, culture, sport and digital, as well as projects in difficulty affecting national priorities. The bodies involved include the State, local authorities, public establishments and companies.
Governance is based on the National Commission for Major Projects, placed under the Presidency of the Government and chaired by the Head of Government. This committee, made up of sector ministers and the Governor of the Central Bank, validates the strategic nature of projects, gives an opinion on the award of contracts and their amendments, monitors implementation via a scoreboard and proposes solutions to any difficulties encountered.
For the award of contracts, the decree authorises direct negotiation with qualified operators, restricted consultation of companies with the necessary guarantees and pre-selection followed by direct negotiation according to objective criteria. These contracts are exempt from the TUNEPS obligation and from prior control by the usual committees.
Projects are monitored by the ministry concerned, which must submit a detailed report to the committee, including the project framework, funding, obstacles, timetable and indicators. A technical committee within each organisation oversees the opening and evaluation of tenders, the negotiation and drafting of contracts, and sends monthly reports to the national committee. Public expenditure control departments check the accuracy of invoicing and the availability of funds.
This decree makes it possible to reduce administrative delays, unblock priority projects and strengthen governance while reconciling flexibility of procedures and transparency in the management of public contracts.
