The conditions for participation in the procurement procedure relating to the capacities of the candidate referred to in Article L. 2142-1, as well as the acceptable means of proof, shall be indicated by the purchaser in the notice of invitation to tender or in the invitation to confirm interest or, in the absence of such a notice or invitation, in the consultation documents.
Where the purchaser decides to set minimum capacity levels, he may only require minimum levels that are related and proportionate to the subject of the contract or its performance conditions.
An economic operator may have recourse to the capacities of other economic operators, whatever the legal nature of the links which bind it to these operators. The purchaser may require the economic operators concerned to be jointly and severally liable insofar as this is necessary for the proper performance of the contract. In this case, the purchaser must justify this requirement in the consultation documents.
The same person may not represent more than one candidate for the same contract.
Where an economic operator must be entered on a professional register, the purchaser may require it to provide proof of this.
In particular, the purchaser may require economic operators to achieve a minimum annual turnover, particularly in the field covered by the contract.
The minimum turnover required may not be more than twice the estimated value of the contract or of the lot, unless justified by its subject-matter or the conditions under which it is to be performed. The reasons why a minimum annual turnover in excess of this ceiling is required are set out in the consultation documents or, failing this: 1° Are indicated in the presentation report mentioned in articles R….
In the case of an allotment contract, the ceiling mentioned in article R. 2142-7 applies to each of the lots. However, the purchaser may require a minimum annual turnover for groups of lots, in the event that a contractor is awarded several lots to be performed at the same time.
For framework agreements, the ceiling mentioned in article R. 2142-7 is calculated on the basis of the maximum total value of the subsequent contracts or purchase orders which could be performed concurrently by the same holder or, if this amount cannot be estimated, on the basis of the total estimated value of the contracts awarded on the basis of the framework agreement or purchase orders likely to be awarded to…
For dynamic purchasing systems, the ceiling mentioned in article R. 2142-7 is calculated on the basis of the total estimated value of the specific contracts envisaged during the total duration of the system.
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is a Registered Trademark of
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182, rue de Rivoli
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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