The number of suppliers to “monitor” is estimated at 2,500. This figure may change.
This access is not limited to a simple consultation, it will be requested:
- support the contracting authority in setting up the platform;
- contact our current suppliers (2500) to collect all the mandatory documents, as well as those indicated in appendix 1 CCTP;
- notify our current suppliers (2,500) of this new tool and its use;
- check all the mandatory documents for our current suppliers but also for each new listing;
- carry out the necessary reminders and an interface, a “gateway” between the “Contracting Authority Purchases” IS and the supplier compliance platform;
- provide reports, user guides for the tool for users and suppliers;
- set up the security of beneficiary data;
- provide backups, storage, restores;
- implement reversibility.
The law on the obligation of vigilance, with in particular the fight against hidden work, requires each company to check certain points of compliance of its suppliers every six months during the contractual period; this obligation also concerns subcontracting. The suppliers concerned are those to whom a company pays invoices at least equal to 5,000 EUR excluding VAT per year.
And in particular, the Kbis extract: document attesting to the legal existence of the supplier; the certificate of vigilance: document certifying that the supplier is up to date with his obligations in terms of declarations and payments of social security contributions, and of his social contributions (CSG / CRDS and, where applicable, the contribution to training professional (CFP), as well as the List of names of foreign workers outside the EU (LNTE) employed by the supplier; or, failing this, a certificate of non-employment of foreign workers outside the EU.
In addition to these documents, a verification of the RIB will be requested from the future service provider as well as the management of other additional documents (List of documents in appendix 1 of the CCTP)
In this legal context, it also seems useful to refer to the Sapin 2 Law: law on transparency, the fight against corruption and the modernization of economic life, aims to bring French legislation to the best European standards and international organizations in the fight against corruption, and thus contribute to a positive image of France internationally. The bill was adopted by Parliament on 8.11.2016, then definitively validated by the Constitutional Council on 8.12.2016.
As principal, each company is jointly responsible for its suppliers in the civil, financial and penal senses.
It is in this legal context that Vilogia and the members of the group would like to subscribe to the provision of compliance control services via a platform mentioned in the subject of the contract.
This outsourcing would make it possible not only to meet the obligation of vigilance, but also to reduce internal resources for this monitoring, verification and follow-up work.
The performance of this contract is subject to the technical conditions described and detailed in the Special Clauses Book (CCTP) and its appendices, precisely defining all the services to be performed.
The holder and the beneficiary will work in partnership to achieve the objectives defined for this contract.
The holder will have to adapt all the elements mentioned to the specificities of the members of the group.