Subsection 1: Availability of consultation documents

The consultation documents consist of all the documents provided by the conceding authority or to which it refers, in order to define the subject, the technical and functional specifications, the conditions for awarding and executing the concession contract, as well as the deadline for submitting applications or tenders and, where applicable, the conditions for charging for the service provided to the user.They include in particular the concession notice, the concession…

Any amendment to the consultation documents shall be communicated to all economic operators, to candidates admitted to submit a tender or to all tenderers, under conditions guaranteeing their equality and allowing them sufficient time to submit their applications or tenders.

The consultation documents are made available electronically on a buyer profile defined in article R. 3122-10, as from the date of publication of a concession notice or the date of dispatch of the invitation to submit a tender. The text of the concession notice or invitation specifies the Internet address at which the consultation documents can be consulted.

The buyer profile is the dematerialisation platform enabling, in particular, the concession-granting authorities to make the consultation documents available to economic operators electronically and to receive the documents sent by candidates and tenderers electronically. An order of the Minister for the Economy appended to this code sets out the functions and minimum requirements for buyer profiles.

By way of derogation from article R. 3122-9, when, in duly justified circumstances, for reasons of exceptional security, technical reasons or because of the particularly sensitive nature of commercial information requiring a very high level of protection, the concession-granting authority is unable to provide electronic access to certain consultation documents, it shall indicate, in the concession notice or the invitation to submit a tender, that these documents will be transmitted…

No later than six days before the deadline set for the receipt of applications or tenders, the conceding authority shall provide additional information on the consultation documents requested in good time by the candidates or tenderers.