Article L2151-1 of the French Public procurement code
November 8, 2023
In the event of allotment, economic operators may not submit tenders that vary according to the number of lots likely to be obtained.
In the event of allotment, economic operators may not submit tenders that vary according to the number of lots likely to be obtained.
The purchaser rejects irregular, unacceptable or inappropriate bids.
An irregular tender is a tender that does not comply with the requirements set out in the consultation documents, in particular because it is incomplete, or that fails to comply with the applicable legislation, particularly in the social and environmental fields.
An unacceptable tender is one whose price exceeds the budgetary appropriations allocated to the contract, as determined and established before the procedure is launched.
An unsuitable tender is a tender that has no connection with the contract because it is clearly unable, without substantial modification, to meet the buyer’s needs and requirements as set out in the consultation documents.
An abnormally low bid is a bid whose price is clearly undervalued and likely to compromise the proper performance of the contract.
The purchaser shall implement all means enabling it to detect abnormally low tenders.If a tender appears to be abnormally low, the purchaser shall require the economic operator to provide details and justification of the amount of its tender.If, after verification of the justification provided by the economic operator, the purchaser establishes that the tender is abnormally low, it shall reject it in accordance with the conditions laid down by decree…
The contract shall be awarded to the tenderer or tenderers, as the case may be, who have submitted the most economically advantageous tender on the basis of one or more objective and precise criteria relating to the subject of the contract or its performance conditions. The detailed rules for the application of this paragraph shall be laid down by regulation. Tenders are assessed lot by lot. The link with the…
The award criteria do not confer unlimited freedom of choice on the purchaser and guarantee the possibility of genuine competition. They are made public under the conditions laid down by decree in the Council of State.
Among the award criteria for global contracts mentioned in Article L. 2171-1, the purchaser shall take account of the proportion of the contract performance that the tenderer undertakes to entrust to small and medium-sized enterprises or craftsmen.
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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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