Subsection 2: Communication media and exchanges of information

Subject to the provisions of articles R. 2132-11 to R. 2132-13, communications and exchanges of information during the award of a contract pursuant to this Book shall take place by electronic means. An electronic means of communication is electronic equipment for the processing, including digital compression, and storage of data broadcast, conveyed and received by wire, by radio, by optical means or by other electromagnetic means.

The means of electronic communication and their technical characteristics are non-discriminatory and do not restrict the access of economic operators to the procurement procedure. They shall be commonly available and compatible with the information and communication technologies in general use.They shall meet the minimum requirements set out in an order of the Minister for the Economy appended to this Code.

The purchaser shall ensure the confidentiality and security of transactions on a computer network accessible in accordance with the procedures set out in an order of the Minister for the Economy appended to this code. The costs of access to the network shall be borne by the economic operator.Communications, exchanges and storage of information shall be carried out in such a way as to ensure the integrity of the data…

The purchaser may, if necessary, require the use of tools and devices that are not commonly available, such as electronic building data modelling tools or similar tools. In this case, it shall offer one or more of the means of access mentioned in article R. 2132-14, until such time as these tools and devices have become commonly available to economic operators.

Candidates or tenderers may send the purchaser a backup copy of the documents transmitted electronically in accordance with the conditions laid down by an order of the Minister for the Economy appended to this code. This copy can only be taken into consideration if it is received by the purchaser within the period prescribed for the submission of applications or tenders, as the case may be.

The purchaser is not obliged to use electronic means of communication in the following cases: 1° For the contracts mentioned in articles R. 2122-1 to R. 2122-11 and meeting a need whose estimated value is below the formal procedure thresholds; 2° For the contracts for social services and other specific services mentioned in 3° of article R. 2123-1 and in article R. 2123-2 ; 3° When, due to the particular…

Where the purchaser does not use electronic means of communication pursuant to article R. 2132-12, it shall indicate this in the call for tenders or, in the absence of such a notice, in the consultation documents. The reasons why other means of communication are used are indicated in the presentation report referred to in Articles R. 2184-1 to R. 2184-6 for contracting authorities and in the documents kept pursuant to…

The purchaser is deemed to offer other appropriate means of access in all of the following cases: 1° Where it offers free, unrestricted, full and direct access by electronic means to the tools and devices mentioned in the first paragraph of Article R. 2132-10 from the date of publication of the notice of the call for competition or from the date of dispatch of the invitation to confirm interest or,…