The provisions of section 1 apply to all sub-contracts. The provisions of section 2 apply to sub-contracts which have the nature of sub-contracts. The provisions of section 3 apply to sub-contracts that are not sub-contracted.
For the application of the provisions of sub-sections 1 to 3, the following are not considered to be sub-contractors: 1° Members of the same grouping in relation to each other; 2° Economic operators over whom the contract holder exercises, directly or indirectly, a dominant influence within the meaning of the second paragraph of Article L. 1212-2; 3° Economic operators who may exercise a dominant influence, within the meaning of the…
The provisions of sub-section 1 specify the procedures by which the purchaser may require the holder of a defence or security contract to use a competitive tendering procedure to select its sub-contractor or sub-contractors. The provisions of sub-section 2 specify the obligations of the holder when the purchaser requires it to sub-contract part of its contract. The provisions of sub-section 3 specify the rules for the competitive tendering of sub-contractors…
When the purchaser decides to require the holder, for all or some of the subcontracts, to put the economic operators out to tender in order to choose one or more subcontractors pursuant to 1° of Article L. 2393-3, it shall state this in the contract notice. Where appropriate, the purchaser shall also identify in this notice the essential tasks that may not be subcontracted pursuant to Article L. 2393-7.
The tenderer indicates in its tender the exhaustive list of companies mentioned in 1° to 4° of article R. 2393-2, which are not considered as subcontractors. He must keep this list up to date and inform the purchaser of any changes.
The holder of the defence or security contract awards the subcontracts under the conditions defined in sub-section 3.
When the purchaser decides to require the contractor to subcontract part of his contract pursuant to 2° of article L. 2393-3, he shall indicate this in the contract notice in the form of percentages set under the conditions laid down in article R. 2393-8. Where applicable, it also identifies in this notice the essential tasks that cannot be subcontracted in application of article L. 2393-7.
The purchaser shall indicate in the contract notice the minimum proportion of the contract value that the contractor will be required to subcontract in the form of a range comprising a minimum percentage and a maximum percentage which may not exceed 30% of the contract value. The percentages must be proportionate to the subject and value of the contract and to the nature of the industrial sector concerned, in particular…
The purchaser may ask the candidate, in the contract notice, to indicate the services he intends to subcontract above the minimum percentage required, as well as the subcontractors he has already identified.
The tenderer shall indicate in its tender the percentage of the contract value and the services it intends to subcontract in order to comply with the requirements set by the purchaser in the contract notice.
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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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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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