Concession contracts are awarded in accordance with the procedural rules set out in Chapters I to V of this Title, subject to the specific rules for certain concessions set out in Chapter VI of this Title.
The concession-granting authority is free to organise an advertising and competitive tendering procedure leading to the selection of the concessionaire in compliance with the provisions of Chapters I to V of this Title and the procedural rules laid down by decree in the Conseil d’Etat. It may have recourse to negotiation. These provisions apply subject to the specific rules of Chapter VI of this Title.
Notwithstanding the provisions of article L. 3121-1, the concession-granting authority may award a concession contract without prior advertising or competitive tendering in the cases set by decree in the Conseil d’Etat, when, due in particular to the existence of an unsuccessful initial procedure or a particular urgency, compliance with such a procedure is unnecessary or impossible or manifestly contrary to the interests of the concession-granting authority.
In order to encourage the widest possible competition, the concession-granting authorities shall advertise under the conditions and subject to the exceptions defined by decree in the Conseil d’Etat, depending on the subject of the concession contract or its estimated value excluding tax.
The conceding authority records, by any appropriate means, the stages in the procedure for awarding concession contracts.
The conceding authority may not communicate confidential information that it holds in the context of a concession contract, such as information the disclosure of which would violate business secrecy, or information the disclosure of which could harm fair competition between economic operators, such as the communication during the consultation of the overall or detailed value of bids.However, the conceding authority may ask economic operators to consent to the disclosure of…
The conceding authority offers, by electronic means, free, direct and complete access to the consultation documents, under the conditions and subject to the exceptions provided for by regulation.
Communications and exchanges of information relating to the procedure for awarding a concession contract may be carried out by electronic means, in accordance with the procedures and subject to the exceptions laid down by regulation.
Persons who have been the subject of a final conviction for one of the offences provided for in articles 222-34 to 222-40 are excluded from the procedure for awarding concession contracts,313-1,313-3,314-1,324-1,324-5,324-6,421-1 to 421-2-4,421-5,432-10,432-11,432-12 to 432-16,433-1,433-2,434-9,434-9-1,435-3,435-4,435-9,435-10,441-1 to 441-7,441-9,445-1 to 445-2-1 or 450-1 of the French Criminal Code, articles 1741 to 1743, 1746 or 1747 of the General Tax Code, and for concession contracts that are not defence or security concession contracts,…
Persons who have not made the tax or social security declarations required of them or who have not paid the taxes, levies, contributions or social security contributions due are excluded from the procedure for awarding concession contracts. The list of these taxes, levies, contributions or social security contributions is set by an order of the Minister for the Economy, which is appended to this Code.This exclusion does not apply to…
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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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