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Subsection 3: Contracts awarded by the national councils of the orders of the medical professions

Article R.4122-4-4 of the French Public Health Code

I.-For the application of this sub-section: 1° The supply and service contracts mentioned in the first paragraph of Article L. 4122-2-1 are defined in accordance with Articles L. 1111-1, L. 1111-3, L. 1111-4 and L. 1111-5 of the French Public Procurement Code; 2° Economic operators, candidates and tenderers are defined respectively i n accordance with Articles L. 1220-1, L. 1220-2 and L. 1220-3 of the French Public Procurement Code; 3°…

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Article R.4122-4-5 of the French Public Health Code

The President of the National Council is responsible for awarding contracts. He may delegate this responsibility under the conditions laid down in the internal regulations referred to in article L. 4122-2-2. The report referred to in article L. 4122-2-2 shall include data relating to contracts awarded during the year.

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Article R.4122-4-6 of the French Public Health Code

A Contracts Advisory Committee, set up within the National Council, is responsible for issuing an opinion on bids submitted by candidates in accordance with the procedures set out in articles R. 4122-4-15 and R. 4122-4-16. Three, five or seven of its members are appointed in accordance with the procedures set out in the internal regulations. The competent authority referred to in article R. 4122-4-5 may not be a member. Tenders…

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Article R.4122-4-7 of the French Public Health Code

The nature and extent of the needs to be met shall be determined before the consultation is launched, taking into account sustainable development objectives in their economic, social and environmental dimensions. The information provided by the national council is sufficiently precise to enable economic operators to make this determination and to decide whether or not to apply to take part in the procedure.

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Article R.4122-4-8 of the French Public Health Code

In order to prepare for the award of a contract, the National Council may carry out consultations or market studies, seek advice or inform economic operators of its project and requirements. The results of prior studies and discussions may be used, provided that their use does not have the effect of distorting competition or disregarding the principles mentioned in article L. 4122-2-1.

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Article R.4122-4-9 of the French Public Health Code

Contracts subject to the provisions of article L. 4122-2-1 shall be concluded in writing. The terms of the contract may be determined by reference to general documents under the conditions set out in articles R. 2112-2 and R. 2112-3 of the French Public Procurement Code.

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Article R.4122-4-10 of the French Public Health Code

The duration of the contract is defined taking into account the nature of the services and the need for periodic competitive tendering. A contract may provide for one or more renewals provided that its characteristics remain unchanged and that the competitive tendering has been carried out taking into account its total duration. Unless otherwise stipulated, the renewal provided for in the contract is tacit and the contractor may not oppose…

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Article R.4122-4-11 of the French Public Health Code

I.-The prices of the services covered by a contract are: 1° Either unit prices applied to the quantities actually delivered or performed; 2° Or lump-sum prices applied to all or part of the contract, whatever the quantities delivered or performed. II.-The National Councils may also conclude contracts at a provisional price. In this case, the clauses of the contracts specify: 1° The conditions under which the definitive price will be…

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Article R.4122-4-12 of the French Public Health Code

In order to organise its purchasing, the national council of the order may pool its requirements with other national councils: 1° Either in the form of central purchasing bodies, under the conditions set out in articles L. 2113-2 to L. 2113-4 of the French Public Procurement Code; 2° Or in the form of groupings of orders, under the conditions set out in the first paragraph of article L. 2113-6 and…

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Article R.4122-4-13 of the French Public Health Code

Contracts may be awarded in separate lots, unless their subject does not allow separate services to be identified. The National Council determines the number, size and purpose of the lots. It may limit the number of lots for which a single economic operator may submit a tender or the number of lots that may be awarded to a single economic operator. The national council shall indicate in the consultation documents…

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