A l’approche de la transposition des deux nouvelles directives européennes sur les marchés publics, la CAPEB a organisé le 17 juin 2014 la première rencontre nationale sur le thème « Les artisans dans les marchés publics – la plateforme de la CAPEB ». A cette occasion, Sabine Basili, Vice-Présidente de la CAPEB et Présidente de la commission nationale des affaires économiques, a dévoilé la plateforme revendicative réalisée par la CAPEB et les 11 propositions qu’elle contient pour faciliter l’accès des marchés publics aux artisans. Enjeu majeur pour son Réseau, la CAPEB revient sur les annonces faites par les intervenants.
Première rencontre nationale, première étape d’une grande mobilisation
La première rencontre nationale « Les artisans dans les marchés publics ¬ñ la plateforme de la CAPEB », organisée le 17 juin à la CAPEB, a mis en lumière l’enjeu majeur de rendre plus accessibles les marchés publics aux entreprises artisanales du bâtiment. Rappelons que les artisans du bâtiment réalisent 30% des marchés publics, soit 13% de leur chiffre d’affaires. Une part de marché qui pourrait être largement améliorée en tenant compte de plusieurs propositions.
Dans ce cadre, la CAPEB a présenté sa plateforme revendicative pour les marchés publics élaborée par un groupe de travailconstitué de chefs d’entreprises artisanales du bâtiment et représentants des CAPEB départementales. Cette rencontre nationale marque le point de départ d’une série de déclinaisons départementales pour permettre aux CAPEB de faire remonter leurs problématiques, et leurs propositions aux acteurs locaux de l’achat public.
Pour l’occasion, Sabine Basili, Vice-Présidente de la CAPEB en charge des affaires économiques, les Présidents des CAPEB départementales et Riccardo Viaggi, Secrétaire général d’EBC et grand témoin du débat, étaient entourés d’intervenants clés dans le domaine : Jean Maïa, Directeur des affaires juridiques des Ministères de l’Economie et des Finances, Jean-Lou Blachier, Médiateur national des marchés publics, Jean-Marie Héron, Président de l’Association des Acheteurs publics, et Marie-Françoise Manière, Présidente de l’Union Nationale des Syndicats d’Architectes.
Sabine Basili, Vice-Présidente de la CAPEB, déclare : « Alors que les artisans et petites entreprises du bâtiment ne réalisent aujourd’hui que 30% de l’activité des marchés publics, leur accessibilité à ces marchés constitue un enjeu économique majeur. Pour lever les freins et dysfonctionnements existants, nous devons aujourd’hui repenser le cadre légal, juridique, administratif qui prévaut et faire bouger les pratiques des acheteurs. Pour cela, la CAPEB mobilise ses ressources, son réseau, les acteurs du secteur, dans une démarche de co-construction efficiente, pour permettre aux artisans souhaitant s’investir dans les marchés publics de le faire avec les mêmes chances que l’ensemble des candidats, selon un principe fondamental d’équité. »
Jean Maïa, Directeur des affaires juridiques des Ministères de l’Economie et des Finances, indique : « Les transpositions des directives marchés publics sont un chantier de simplification qui vise notamment à faciliter l’accès des TPE à ces marchés. Les deux directives parues en mars doivent être transposées avant 2016, soit d’ici deux ans. Je salue ici la qualité du travail de la CAPEB : la radiographie de la perception qu’ont les petites entreprises des marchés publics est extrêmement importante. Pour nous qui avons la charge de préparer les textes nouveaux, c’est un document précieux et utile pour arrêter les réglages de la transposition. L’objectif est de faire évoluer les pratiques, le droit ne pouvant pas être la seule réponse. La promotion des bonnes pratiques auprès des acheteurs est essentielle ; il y a en France autant de pouvoirs adjudicateurs que dans le restant de l’Union européenne. »
Riccardo Viaggi, Secrétaire général d’EBC explique : « Les revendications de la CAPEB sont celles qu’EBC a portées lors de la révision de la Directive européenne sur les marchés publics. Avec la transposition de cette directive en droit national et la réouverture du code des marchés publics, nous avons l’occasion d’améliorer l’accès des TPE aux marchés publics. Il s’agira également de relever deux défis : passer du moins-disant au mieux-disant et dématérialiser la commande publique. Il n’y a pas de date butoir pour ce dernier point, mais il est important de l’anticiper. Le plus gros du travail est à faire localement pour permettre aux entreprises de se préparer à cette étape ».
Jean-Lou Blachier, Médiateur national des marchés publics, annonce : « Nous insistons plus particulièrement sur deux points. Le premier est les délais de paiement. Les statistiques 2013 montrent que sur près de 300 médiations, les délais de paiement sont la cause principale de conflits. Beaucoup d’entreprises ne veulent pas aller vers les marchés publics par crainte de ne pas être payées. Le deuxième point est la notion de « mieux-disant » qui mérite d’être clarifiée pour l’ensemble des parties prenantes et notre rôle est d’accompagner les acheteurs afin qu’ils puissent se l’approprier. C’est pour cette raison que nous allons lancer l’élaboration d’un « Guide du mieux-disant » à laquelle nous souhaitons associer la CAPEB. »
Marie-Françoise Manière, Présidente de l’Union Nationale des Syndicats d’Architectes, ajoute : « Les architectes sont logés à la même enseigne que les artisans face au moins-disant. Leur souci est identique à celui de la CAPEB : un travail mal fait, ce sont des deniers publics mal dépensés. L’Agence Qualité Construction constate qu’il y a davantage de sinistralité lorsque les études préalables sont insuffisantes. Quand le prix proposé est anormalement bas, tout le chantier en pâtit ensuite. Les architectes ne sont pas payés pour surveiller les entreprises et leurs achats. Les commissions d’appel d’offre ne suivent pas leurs conseils. »
Jean-Marie Héron, Président de l’Association des Acheteurs publics, précise : « …il faut écrire un cahier des charges qui corresponde au langage des entreprises. Souvent il y a une incompréhension parce qu’initialement il y a eu une mauvaise définition des besoins. Avoir une bonne maîtrise de l’analyse du besoin permet à la collectivité de faire des économies de l’ordre de 30 à 50 %, voire davantage »
Faciliter l’accès des entreprises artisanales du bâtiment : les 11 revendications de la CAPEB
La plateforme revendicative en faveur de l’accès des marchés publics aux artisans, quant à elle, délivre un premier état des lieux fourni, décliné en onze propositions de la CAPEB :
1° Améliorer la qualité de l’achat public pour la bonne utilisation des deniers publics, le respect des budgets affectés aux travaux et une saine concurrence
2° Allotir les marchés publics pour ouvrir le marché à la concurrence et mettre en oeuvre le principe de l’égalité d’accès à la commande publique
3° Encourager les entreprises à cotraiter pour améliorer l’accès direct des TPE du bâtiment aux marchés publics
4° Simplifier la candidature sans déréglementer
5° Développer le recours aux circuits courts en faveur de l’environnement et de la transition énergétique
6° Permettre aux entreprises de valoriser les actions d’insertion en cours dans l’entreprise pour satisfaire à une clause sociale
7° Encadrer la passation des MAPA et préciser leur régime juridique au titre de la transparence des procédures
8° Respecter le principe de l’offre économiquement la plus avantageuse (mieux-disant), y compris pour les Marchés à Procédures Adaptées (MAPA)
9° Détecter systématiquement les offres anormalement basses et les écarter pour une saine concurrence et des achats publics durables
10° Respecter le délai de paiement, plafonné à 30 jours maximum, et lutter contre les délais cachés
11° Créer un formulaire type de mémoire technique pour restaurer l’égalité de traitement des candidats
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