France - Project management contract (MOE) for "child lead poisoning, insalubrity, peril" ex-officio work

Description

1-1. Context of the contract - Purpose and detailed content of the mission
1-1-1. Market context
Context of services
The fight against substandard housing (LHI) is a priority for the State and its representatives, particularly in the fight against lead poisoning, insalubrity and peril.

The fight against lead poisoning
Following a report of lead poisoning or a risk of lead poisoning in a minor, the owner or, if the owner fails to act, the prefect, must carry out work to eliminate lead in the dwelling.
The procedure for intervention by the prefect and the regional health agency (ARS) is described in articles L 1334-1 to L 1334-4 of the French Public Health Code.

In addition, since July 1, 2010, with the exception of carrying out compulsory work, this mission has been entrusted to the ARS, in accordance with the departmental protocol on cooperation between the departmental prefect and the ARS.
The DDTM 83 is responsible for carrying out lead quantity checks before and after work, at the ARS's request.
The ARS notifies the owner of his obligation to carry out work to eliminate the risk of exposure to lead.

Combating insalubrity and peril
There are two possible situations:
- urgent treatment of insalubrity (article L 511-19 CCH), normal treatment of insalubrity (article L 511-11 et seq. of the Public Health Code): ex officio work is carried out by the State on its behalf, or by the local authority in the case of a housing improvement operation.
- In the case of safety procedures (e.g., peril) (article L 511-2 et seq. of the Code de la Construction et de l'Habitation CCH), compulsory work must be carried out by the local authority in its own name; if the local authority fails to do so, the State takes over and collects the debt from the local authority, not from the owner.

Some owners do not carry out the work, either because they are unaware of their duties and the penalties they incur, or because they are unable to manage the various aspects of the procedure (temporary rehousing, recruitment of qualified contractors, subsidy applications, etc.) and/or when the work is carried out, the hygiene and safety conditions necessary and essential for preserving the health of the occupants are not respected.
In such cases, the State is responsible for carrying out the work on its own initiative, and recovers the debt from the owner.

1-1-2. Purpose of the contract
This is a single contract.
The services covered by this contract concern project management for ex-officio work to combat substandard housing.

This intellectual services contract covers all the communes in the Var department.
It consists in defining and monitoring the ex-officio work recommended :
- by the ARS in the context of a "child lead poisoning" formal notice or a prefectoral insalubrity order (urgent or normal);
- by local authorities as part of safety procedures and in the event of default by the owner or local authority concerned.

1-1-3. Detailed content of the mission

This mission consists of project management for work carried out by the company in the private and/or common areas of dwellings in the event of child lead poisoning, or following an order for the treatment of insalubrity or a safety order, and in the event of default by owners or local authorities.

The work can be as simple as replacing woodwork or painting, or as extensive as completely renovating a dwelling. Such work is limited to what is strictly necessary to deal with the insalubrity or safety of the property concerned.

The diagnosis of the risk of lead poisoning in paint (DRIPP), the environmental survey, the report on the risk of exposure to lead (CREP), the safety order or the insalubrity order independently define the general program of work to be carried out, including, in the case of child lead poisoning, the ARS recommendations.

Project management assignments are carried out in accordance with Decree no. 93-1268 of November 29, 1993 on project management assignments entrusted by public contracting authorities, articles 12 to 15, repealed by Decree no. 2018-1075 of December 3, 2018.

Opportunity closing date

29 March 2024

Value of contract

to be confirmed