Subsection 2: Communication media and exchanges of information

The means of transmitting documents and information chosen by the purchaser shall be accessible, without discrimination, to all economic operators and may not have the effect of restricting the access of candidates and tenderers to the award procedure.

The transmission, exchange and storage of information shall be carried out in such a way as to ensure the integrity of the data, the confidentiality of applications and tenders and to guarantee that the purchaser does not become aware of the content of applications and tenders until the time limit for submitting them has expired.

When the consultation involves the communication of information or media that are classified or protected in the interests of national security, the invitation to tender shall specify the requirements ensuring the protection of such information or media and the obligation for candidates and tenderers to ensure that sub-contractors comply with these requirements. The Prime Minister’s order mentioned in article R. 2300-1 determines the nature of these requirements.

In all contract award procedures, communications and exchanges of information carried out in application of this Book may be carried out by electronic means of communication or by the production of physical electronic media, in accordance with the provisions of this sub-section.An electronic means of communication is electronic equipment for the processing, including digital compression, and storage of data broadcast, conveyed and received by wire, by radio, by optical means…

The electronic communication and information exchange tools and systems comply with the minimum requirements set out in an order issued by the Minister for the Economy and annexed to this Code.

The purchaser may authorise or require the transmission of applications or tenders by electronic means.The method of transmission of applications or tenders shall be indicated in the call for tenders or, in the absence of such a notice, in another consultation document.For each stage of the procedure, candidates and tenderers shall apply the same method of transmission to all the documents they send to the purchaser.

In cases where electronic transmission is an option given to candidates or tenderers and in those where it is compulsory, the purchaser shall ensure the confidentiality and security of transactions, in accordance with the procedures set out in an order of the Minister responsible for the economy appended to this code.In the case of contracts awarded in accordance with an adapted procedure, these procedures shall take account of the characteristics…

The cost of access to the computer network shall be borne by each candidate or tenderer.

The provisions of article R. 2132-11 apply.

In the case of contracts awarded by a consortium, the coordinator appointed by the consortium assumes the obligations incumbent on the purchaser under articles R. 2332-9 to R. 2332-14.