French Business Law - French Legislation

Article L3123-11 of the French Public procurement code

November 8, 2023

The conceding authority which is considering excluding a person pursuant to this sub-section must put the person in a position to provide evidence that he has taken steps to demonstrate his reliability and, where appropriate, that his participation in the procedure for the award of the concession contract is not likely to prejudice the equal treatment of candidates. In particular, the person must demonstrate that it has, where appropriate, undertaken…

Article L3123-12 of the French Public procurement code

November 8, 2023

The grounds for exclusion by operation of law provided for in both Subsection 1 of this Section and this Subsection apply to the award of defence or security concession contracts. A person who is in one of the cases of exclusion mentioned in the first paragraph of this Article, with the exception of those mentioned in Articles L. 3123-2 and L. 3123-3, may provide evidence that he/she has taken measures…

Article L3123-13 of the French Public procurement code

November 8, 2023

The following are excluded from defence or security concession contracts: 1° Persons who have been convicted by a final judgment of one of the offences provided for in Articles 226-13, 222-52 to 222-59 or 413-10 to 413-12 of the French Criminal Code, Articles L. 2339-2 to L. 2339-4, L. 2339-11-1 to L. 2339-11-3 of the French Defence Code or Article L. 317-8 of the French Internal Security Code. The exclusion…

Article L3123-14 of the French Public procurement code

November 8, 2023

The provisions of article L. 3123-6 are applicable to the award of defence or security concession contracts.

Article L3123-15 of the French Public procurement code

November 8, 2023

If, during the procedure for awarding a concession contract, an economic operator is placed in one of the situations mentioned in subsections 1 to 3 of this section, it must inform the conceding authority of this change in situation without delay. In this case, the conceding authority excludes the candidate from the concession contract award procedure on this ground.

Article L3123-16 of the French Public procurement code

November 8, 2023

Where the reason for exclusion from the award procedure concerns a member of a consortium of economic operators, the conceding authority requires him to be replaced by another economic operator who is not the subject of a reason for exclusion within ten days of receipt of this request, failing which the consortium will be excluded from the procedure.

Article L3123-17 of the French Public procurement code

November 8, 2023

Persons against whom grounds for exclusion exist may not be entrusted with part of the works or services of a concession contract.When a person against whom grounds for exclusion exist is presented at the stage of the procedure for the award of the concession contract, the conceding authority requires him to be replaced by another economic operator who is not the subject of grounds for exclusion, within a period of…

Article L3123-18 of the French Public procurement code

November 8, 2023

The concession-granting authority may not impose conditions on the participation of candidates in the award procedure other than those designed to ensure that they have the ability to carry out the professional activity, the economic and financial capacity or the technical and professional capability necessary to perform the concession contract.Where the management of a public service is conceded, these conditions of participation may relate in particular to the ability of…

Article L3123-19 of the French Public procurement code

November 8, 2023

After examining the abilities and aptitudes of the candidates, the conceding authority eliminates incomplete or inadmissible applications and draws up the list of candidates admitted to participate in the rest of the procedure for awarding the concession contract.

Article L3123-20 of the French Public procurement code

November 8, 2023

An application submitted by a candidate who may not take part in the procurement procedure pursuant to Articles L. 3123-1 to L. 3123-14, L. 3123-16 and L. 3123-17 or who does not possess the capacities or skills required pursuant to this section is inadmissible.

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Title II: AWARD PROCEDURE

Article L3123-11 of the French Public procurement code

Article L3123-12 of the French Public procurement code

Article L3123-13 of the French Public procurement code

Article L3123-14 of the French Public procurement code

Article L3123-15 of the French Public procurement code

Article L3123-16 of the French Public procurement code

Article L3123-17 of the French Public procurement code

Article L3123-18 of the French Public procurement code

Article L3123-19 of the French Public procurement code

Article L3123-20 of the French Public procurement code

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Title II: AWARD PROCEDURE

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We Solve Legal & Tax Issues in France

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