Article L3125-2 of the French Public procurement code
November 8, 2023
The conceding authority makes public the choice of the winning bid, under the conditions and subject to the exceptions provided for by regulation.
The conceding authority makes public the choice of the winning bid, under the conditions and subject to the exceptions provided for by regulation.
The specific procurement rules for certain contracts by virtue of their subject matter or whether or not their estimated value excluding tax is below the European threshold set out in the notice annexed to this code are laid down by decree in the Conseil d’Etat.
Notwithstanding the provisions of article L. 3122-2, the conceding authority is not required to record the stages of the procedure for awarding concession contracts mentioned in article L. 3126-1.
Without prejudice to the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road, as amended, concession contracts, with the exception of those relating to passenger transport by rail mentioned in Chapter I of Title II of Book I of Part Two of the Transport Code covered by Article 5(3) thereof, are…
Under conditions laid down by regulation, the concession-granting authority shall make available, in an open and freely re-usable format, the essential data of the concession contract, subject to the provisions of article L. 3122-3 and with the exception of information the disclosure of which would be contrary to public policy.
When the management of a public service is conceded, the concessionaire shall provide the conceding authority, in electronic format, in a freely reusable open standard that can be used by an automated processing system, with the data and databases collected or produced during the operation of the public service that is the subject of the contract and that are essential to its performance. For concession contracts for which a consultation…
When the concession contract is signed or during its performance, the concessionaire may be exempted from all or some of the obligations set out in article L. 3131-2 by a reasoned decision of the concession-granting authority, based on reasons of general interest and made public.
The granting authority or a third party designated by it may freely extract and exploit all or part of these data and databases, in particular with a view to making them available free of charge for re-use free of charge or against payment. The data and databases provided by the concessionaire are made available or published in compliance with articles L. 311-5 to L. 311-7 of the code des relations…
Each year, the concessionaire produces a report including, in particular, accounts showing all operations relating to the performance of the concession contract and an analysis of the quality of the works or services. When the management of a public service is concessioned, including in the case provided for in article L. 1121-4, this report also enables the concession-granting authorities to assess the conditions under which the public service is provided.
Where the concession contract involves occupation of the public domain, it constitutes an authorisation to occupy this domain for its duration.
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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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