Subsection 2: Provisions specific to subsequent contracts

Subsequent contracts specify the characteristics and terms of performance of the services required which have not been set out in the framework agreement. They may not entail substantial changes to the terms of the framework agreement.

Subsequent contracts may take the form of a framework agreement setting out all the conditions for the performance of the services and executed by means of purchase orders under the conditions set out in articles R. 2162-13 and R. 2162-14.

For contracting authorities, where a framework agreement is concluded with a single economic operator, subsequent contracts are awarded under the conditions laid down in the framework agreement. Prior to the conclusion of the subsequent contracts, the contracting authority may ask the contractor in writing to supplement its tender.

When a framework agreement is concluded with several economic operators, the contracting authority organises an invitation to tender in accordance with the following procedure:1° For each of the subsequent contracts, the contracting authority shall consult in writing the holders of the framework agreement or, where the framework agreement has been divided into lots, the holders of the lot corresponding to the subject of the subsequent contract;2° The contracting authority shall…

For contracting entities, subsequent contracts are awarded on the basis of objective and non-discriminatory rules or criteria defined in the framework agreement, which may include reopening competition between holders.

Where a reopening of competition is provided for, the contracting entity shall set a time limit sufficient to allow tenders to be submitted. The subsequent contract is awarded to the holder or holders of the framework agreement who have submitted the most economically advantageous tenders, on the basis of the award criteria defined in the framework agreement.