A central purchasing body is a purchaser whose purpose is to carry out on a permanent basis, for the benefit of purchasers, at least one of the following centralised purchasing activities:1° The acquisition of supplies or services;2° The award of works, supply or service contracts.
A purchaser who uses a central purchasing body for a centralised purchasing activity may also entrust it with auxiliary purchasing activities, without applying the award procedures provided for in this Book.Auxiliary purchasing activities consist of providing assistance with the award of contracts, in particular in the following forms:1° Provision of technical infrastructure for the conclusion of works, supply or service contracts;2° Advice on the choice, organisation and conduct of award…
A purchaser who has recourse to a central purchasing body for the execution of works or the acquisition of supplies or services is deemed to have complied with its advertising and competitive tendering obligations only in respect of the award and execution operations that it has entrusted to the body.
The purchaser may use a central purchasing body located in another Member State of the European Union, provided that this choice has not been made with the aim of evading the application of national provisions affecting public policy. The law then applicable to the contract is the law of the Member State in which the central purchasing body is located.
Order pools may be formed between purchasers for the joint award of one or more contracts.An order pool may also be formed, for the same purpose, between one or more purchasers and one or more legal persons governed by private law who are not purchasers, provided that each of the members of the pool applies the rules laid down in this Part to purchases made within the framework of the…
The agreement setting up the consortium, signed by its members, defines the operating rules of the consortium. It may entrust one or more of its members with the task of carrying out all or part of the procedure for awarding or performing the contract in the name and on behalf of the other members.The purchasers who are members of the consortium are jointly and severally liable only for the operations…
A grouping of orders may be formed with purchasers from other Member States of the European Union, provided that this choice has not been made with the aim of evading the application of national provisions affecting public policy. Notwithstanding the provisions of the second paragraph of article L. 2113-7, and subject to the stipulations of international agreements and administrative arrangements between the Member States to which they belong, the members…
Where purchasers have joined a common transnational entity, constituted in particular in the form of a European grouping for territorial cooperation, the statutes or a decision of the competent body of this entity shall determine the rules applicable to the contracts of this entity, which shall be:1° Either the law of the State in which its registered office is located;2° Or the law of the State in which it carries…
Contracts shall be awarded in separate lots, unless their subject matter does not allow separate services to be identified.The purchaser shall determine the number, size and subject matter of the lots.He 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 purchaser may decide not to allot a contract in one of the following cases:1° It is not in a position to carry out the organisational, steering and coordination tasks itself;2° Awarding the contract in separate lots is likely to restrict competition or is likely to make it technically difficult or financially more costly to perform the services.Where a purchaser decides not to allocate the contract, it shall give reasons…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
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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