Article R3122-6 of the French Public procurement code
November 7, 2023
The awarding authority must be able to prove the date of dispatch of the notices of concession.
The awarding authority must be able to prove the date of dispatch of the notices of concession.
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.
The means of communication used may not have the effect of restricting the access of economic operators to the procedure for awarding the concession contract.The transmission, exchange and storage of information are carried out in such a way as to ensure the integrity of the data and the confidentiality of applications and tenders and to guarantee that the conceding authority does not become aware of the content of applications and…
With the exception of the cases provided for in articles R. 3122-4 and R. 3122-9, the conceding authority chooses the means of communication with the economic operators. This choice is indicated in the concession notice or, in the absence of such a notice, in another consultation document.
When the conceding authority uses electronic means, it ensures the confidentiality and security of transactions on a computer network that is accessible in a non-discriminatory manner, in accordance with the procedures laid down by order of the Minister for the Economy appended to this code.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
