Chapter I: DEFINITION OF NEED

A label is any document, certificate or attestation which proves that the works, products, services, processes or procedures related to the subject of the contract meet certain characteristics. The label requirements are those which the works, products, services, processes or procedures must meet in order to obtain the label.

In the technical specifications, award criteria or performance conditions of a contract, the purchaser may require the economic operator to hold a particular label if it meets the conditions laid down in articles R. 2111-14 and R. 2111-15.

The label used must have the following characteristics:1° It is established following an open and transparent procedure;2° It is based on objectively verifiable and non-discriminatory criteria;3° The conditions for obtaining it are set by a third party over whom the economic operator applying for it cannot exercise decisive influence and are accessible to any interested party.

The purchaser may require a particular label provided that the characteristics demonstrated by this label: 1° Are related to the subject of the contract within the meaning of Article L. 2112-3; 2° Enable the works, supplies or services which are the subject of the contract to be defined. The purchaser may require a particular label, even where not all the characteristics demonstrated by that label are expected, provided that it…

A purchaser who requires a particular label accepts all labels that confirm that the characteristics required under the contract are met.

Where the economic operator is unable, for reasons for which it is not responsible, to obtain the required label or an equivalent label meeting the conditions of article R. 2111-15 within the time limit, it may prove by any means that the characteristics required by the purchaser have been met.