In order to prepare for the award of a contract, the purchaser may carry out consultations or market studies, request opinions or inform economic operators of its plans and requirements. The results of prior studies and discussions may be used by the purchaser, provided that such use does not have the effect of distorting competition or infringing the principles mentioned in article L. 3.
The purchaser shall take appropriate measures to ensure that competition is not distorted by the participation in the contract award procedure of an economic operator who has had access to information of which other candidates or tenderers are unaware, due to his prior direct or indirect participation in the preparation of this procedure. This operator is excluded from the award procedure only when this situation cannot be remedied by other…
The annual amount of purchases provided for in article L. 2111-3 is set at fifty million euros excluding tax. In order to determine the total annual amount of their purchases, the contracting authorities and contracting entities subject to article L. 2111-3 shall take into account the expenditure incurred during a calendar year in connection with their contracts, with the exception of those covered by Book V of this Part.
The technical specifications define the characteristics required of the works, supplies or services which are the subject of the contract.These characteristics may refer to the specific process or method of production or supply of the works, products or services requested or to a specific process at another stage in their life cycle, even where these factors do not form part of their material content, provided that they are linked to…
The technical specifications may specify whether the transfer of intellectual property rights will be required.
Except in duly justified cases, the technical specifications shall be drawn up in such a way as to take account of accessibility criteria for people with disabilities or functionality criteria for all users.
The technical specifications may not mention a particular manufacturing method or process or a specific provenance or origin, or refer to a trade mark, patent or type where such mention or reference is likely to favour or eliminate certain economic operators or certain products. However, such a statement or reference is possible if it is justified by the subject of the contract or, exceptionally, in cases where a sufficiently precise…
The purchaser shall formulate the technical specifications:1° Either by reference to standards or other equivalent documents available to candidates;2° Or in terms of performance or functional requirements;3° Or by a combination of the two.
The standards or documents are marked “or equivalent” and chosen in the following order of preference: 1° National standards transposing European standards; 2° European Technical Assessments; 3° Common technical specifications; 4° International standards; 5° Other technical reference systems drawn up by European standardisation bodies or, in their absence, national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of works and the use of…
Technical specifications formulated in terms of performance or functional requirements are sufficiently precise to enable candidates to know exactly what the contract is about and to enable the purchaser to award the contract. They may include environmental or social characteristics.
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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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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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