Article R2162-1 of the French Public procurement code
Purchasers may not use framework agreements improperly or for the purpose of preventing, restricting or distorting competition.
Home | French Legislation Articles | French Public procurement code | Regulatory part | PART TWO: PUBLIC PROCUREMENT | Book I: GENERAL PROVISIONS | Title VI: RULES APPLICABLE TO PROCUREMENT PROCEDURES AND PURCHASING TECHNIQUES | Chapter II: RULES APPLICABLE TO PURCHASING TECHNIQUES | Section 1: Framework agreements
Purchasers may not use framework agreements improperly or for the purpose of preventing, restricting or distorting competition.
Where the framework agreement does not set out all the contractual stipulations, it gives rise to the conclusion of subsequent contracts under the conditions set out in articles R. 2162-7 to R. 2162-12. Where the framework agreement sets out all the contractual stipulations, it is executed progressively by the issue of purchase orders under the conditions set out in articles R. 2162-13 and R. 2162-14.
A framework agreement may be executed in part by the conclusion of subsequent contracts and in part by the issue of purchase orders, provided that the purchaser identifies the services covered by the different parts of the framework agreement.
Framework agreements may be concluded: 1° Either with a minimum and a maximum value or quantity; 2° With a maximum value or quantity only.
Subsequent contracts and purchase orders may only be concluded or issued during the period of validity of the framework agreement. Their period of performance shall be fixed in accordance with the usual conditions of performance of the services covered by the framework agreement. The purchaser may not set a duration such that the performance of subsequent contracts or purchase orders is extended beyond the expiry date of the framework agreement…
Subsequent contracts and purchase orders shall be concluded or issued between the purchasers identified for this purpose in the notice of call for competition, in the invitation to confirm interest or, in the absence of such a notice or invitation, in another consultation document, and the economic operator(s) holding the framework agreement.
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…
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75001, Paris France
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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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