Where the reason for exclusion from the award procedure concerns a member of a consortium of economic operators, the conceding authority requires him to be replaced by another economic operator who is not the subject of a reason for exclusion within ten days of receipt of this request, failing which the consortium will be excluded from the procedure.
Persons against whom grounds for exclusion exist may not be entrusted with part of the works or services of a concession contract.When a person against whom grounds for exclusion exist is presented at the stage of the procedure for the award of the concession contract, the conceding authority requires him to be replaced by another economic operator who is not the subject of grounds for exclusion, within a period of…
The concession-granting authority may not impose conditions on the participation of candidates in the award procedure other than those designed to ensure that they have the ability to carry out the professional activity, the economic and financial capacity or the technical and professional capability necessary to perform the concession contract.Where the management of a public service is conceded, these conditions of participation may relate in particular to the ability of…
After examining the abilities and aptitudes of the candidates, the conceding authority eliminates incomplete or inadmissible applications and draws up the list of candidates admitted to participate in the rest of the procedure for awarding the concession contract.
An application submitted by a candidate who may not take part in the procurement procedure pursuant to Articles L. 3123-1 to L. 3123-14, L. 3123-16 and L. 3123-17 or who does not possess the capacities or skills required pursuant to this section is inadmissible.
For the award of a defence or security concession contract, the awarding authority may exclude an economic operator that does not have the technical capability. This capacity is assessed, in particular, with regard to the location outside the territory of the European Union of the tools, equipment, technical facilities, personnel, know-how and sources of supply available to it to carry out the concession, to cope with any increases in requirements…
When the concession granting authority uses negotiations to award the concession contract, it is free to organise negotiations with one or more tenderers under conditions laid down by decree in the Conseil d’Etat.Negotiations may not relate to the subject of the concession, the award criteria or the minimum conditions and characteristics set out in the consultation documents.
The awarding authority rejects irregular or inappropriate bids.
A tender is irregular if it does not comply with the minimum conditions and characteristics indicated in the consultation documents.
A bid is unsuitable if it is clearly unable, without substantial modification, to meet the needs and requirements of the concession-granting authority as specified in the consultation documents.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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