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Article R2152-1 of the French Public procurement code

In adapted procedures without negotiation and tender procedures, irregular, inappropriate or unacceptable tenders are eliminated.In other procedures, inappropriate tenders are eliminated. Irregular or unacceptable tenders may become regular or acceptable during the negotiation or dialogue, provided that they are not abnormally low. Once the negotiation or dialogue has ended, tenders that remain irregular or unacceptable are eliminated.

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Article R2152-2 of the French Public procurement code

In all procedures, the purchaser may authorise all tenderers concerned to regularise irregular tenders within an appropriate period, provided that they are not abnormally low.The regularisation of irregular tenders may not have the effect of altering their substantial characteristics.

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Article R2152-3 of the French Public procurement code

The purchaser shall require the tenderer to justify the price or costs proposed in his tender if it appears to be abnormally low in relation to the works, supplies or services, including for the part of the contract that he intends to subcontract.Justifications relating in particular to the following aspects may be taken into consideration:1° The method of manufacture of the products, the arrangements for the provision of the services,…

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Article R2152-4 of the French Public procurement code

The purchaser shall reject a tender as abnormally low in the following cases :1° Where the information provided by the tenderer does not satisfactorily justify the low level of the price or costs proposed;2° Where it is established that the tender is abnormally low because it contravenes, in terms of environmental law, social law and labour law, the obligations imposed by French law, including the applicable collective agreement(s), by European…

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Article R2152-5 of the French Public procurement code

A purchaser who finds that a tender is abnormally low as a result of the tenderer having received State aid may reject the tender on this ground alone only if the tenderer is unable to demonstrate, within a sufficient period set by the purchaser, that the aid in question met the conditions of compatibility with the internal market defined in Article 107 of the Treaty on the Functioning of the…

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Article R2152-7 of the French Public procurement code

In order to award the contract to the tenderer or, where appropriate, to the tenderers who have submitted the most economically advantageous tender, the purchaser shall base himself: 1° Either on a single criterion which may be : a) Price, provided that the sole object of the contract is the purchase of standardised services or supplies whose quality cannot be varied from one economic operator to another; b) Cost, determined…

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Article R2152-9 of the French Public procurement code

Life cycle costing covers, insofar as they are relevant, all or some of the following costs in the life cycle of a product, service or work:1° Costs borne by the purchaser or other users, such as :a) Costs related to acquisition;b) Costs related to use, such as the consumption of energy and other resources;c) Maintenance costs;d) Costs related to end-of-life, such as collection and recycling costs;2° Costs attributed to environmental…

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Article R2152-10 of the French Public procurement code

Where the purchaser assesses costs using a life-cycle approach, it shall indicate in the tender documents the data to be provided by tenderers and the method it will use to determine the life-cycle cost on the basis of those data.The method used to assess the costs attributed to environmental externalities shall comply with all the following conditions:a) It shall be based on non-discriminatory and objectively verifiable criteria;b) It shall be…

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