Section 6: Electronic auctions

The electronic auction shall relate to:1° Either solely to price when the contract is awarded on the basis of this criterion alone;2° Or to price or to other quantifiable elements indicated in the consultation documents when the contract is awarded on the basis of cost or a plurality of criteria.

The purchaser who decides to use an electronic auction shall mention it in the contract notice, in the invitation to confirm interest or, where the call for competition was made by means of a notice on the existence of a qualification system, in the invitation to tender.

The documents for the electronic auction consultation shall include the following information:1° The elements of the bids to which the auction relates;2° Where appropriate, the minimum and maximum values which may be submitted;3° The nature of the information which will be made available to tenderers during the auction and the time at which it will be made available;4° Relevant information concerning the conduct of the auction, in particular the conditions…

The electronic auction takes place after an initial full evaluation of the bids in accordance with the award criteria, enabling them to be ranked on the basis of automated processing.

All tenderers who have submitted tenders which have not been rejected as inappropriate, irregular or unacceptable shall be invited simultaneously by electronic means to participate in the electronic auction using the connections, on the date and at the time specified, in accordance with the instructions in the invitation.

The invitation sent to each tenderer shall be accompanied by the result of the full evaluation of its tender carried out in application of Article R. 2162-60. It also mentions the mathematical formula which will determine, during the electronic auction, the automatic reclassifications according to the new prices or new values presented. This formula incorporates the weighting of all the criteria set to determine the most economically advantageous tender, as…

The electronic auction may take place in several successive phases. It may not begin less than two working days after the date on which the invitations are sent out.

During each phase of an electronic auction the purchaser shall instantaneously communicate to all tenderers information enabling them to ascertain their respective rankings at any time. It may also announce the number of participants in that phase of the auction and communicate, if the solicitation documents so provide, the prices or values submitted by the other tenderers. However, it may not under any circumstances disclose the identity of the tenderers.

The purchaser shall close an electronic auction in one or more of the following ways:1° On the date and at the time fixed in the invitation to take part in the auction;2° When it no longer receives any new prices or new values that meet the requirements concerning minimum differences, provided that it has previously specified the period that it will observe from receipt of the last bid before closing…

Once the electronic auction is closed, the contract is awarded on the basis of the results of the auction and subject to compliance with the provisions of articles R. 2152-3 to R. 2152-5.