The association, which fights against corruption and wants to restore ethics in politics, has National Education in the crosshairs. She seized the National Financial Prosecutor’s Office on May 2 on the basis of “ suspicion of favoritism » in the award of a public contract.
This call for tenders, revealed by an article in Le Canard Enchainé in September 2020, aimed to equip 800,000 workstations with Microsoft licenses in France. As Anticor explains, the drafting of this appeal is problematic.
The Public Procurement Code provides that “ the technical specifications of a market cannot be designated by a brand or a patent when this is likely to favor or eliminate certain operators “. Or, the call was titled “ the grant of the right to use on a non-exclusive basis, in perpetual mode or in rental mode, Microsoft solutions and associated services “.
In addition, the Education Code mentions that free software must be given priority. It’s just a “ encouragement “, but a call for tenders aimed directly at Microsoft is all the more difficult.
“ If the facts are proven, they could represent a significant breach of the rules of public procurement, both in freedom of access and in the equal treatment of candidates. “, points out the association.
This is not the first time that the links between the public service and Microsoft have been pointed out, or even the subject of legal proceedings. Already in 2016, the EduNathon collective had designated National Education for its partnership with the American company, and the CNIL got involved.