Section 4: Cost control of contracts awarded by the State and its public establishments

The obligations laid down in this section apply to contracts concluded by the State or its public establishments for which the special nature of the techniques, the small number of candidates with the required skills, reasons of secrecy or reasons of imperative urgency or crisis do not make it possible to call for competition or to use it effectively.They also apply to contracts involving complex services with a term of…

Tenderers for a contract mentioned in article L. 2196-4 and negotiated without prior advertising or competitive tendering by the State or its public establishments, shall provide the purchaser, if the latter so requests, with all information on the technical and accounting elements of the estimated cost of the services which are the subject of the contract. The holders of the contracts mentioned in article L. 2196-4 shall provide the purchaser,…

Holders and, under conditions set by regulation, companies related to them and their subcontractors, are obliged to allow and facilitate any documentary or on-site verification of the accuracy of the information mentioned in article L. 2196-5 by government officials. They may be required to submit their balance sheets, profit and loss accounts, cost accounting and any documents likely to enable costing.

For the application of this section, the following may be specified by decree, after prior consultation with the groups representing the manufacturers concerned: 1° The form in which the technical and accounting information mentioned inarticle L. 2196-5 and in the second paragraph ofarticle L. 2196-6 is presented to the authorities, if the latter so request; 2° The nature of the expenses included in the determination of the cost price and…