In the case of supply or service contracts, a variant may not be rejected solely on the grounds that, if it were accepted, it would lead to a service contract instead of a supply contract or to a supply contract instead of a service contract.
The purchaser may require tenderers to attach a French translation to the documents drawn up in another language that they submit pursuant to article R. 2151-6. It does not require a certified translation except where this is justified by an overriding reason relating to the public interest.
In the consultation documents, the purchaser may ask tenderers to indicate in their tender the proportion of the contract that they intend to subcontract to third parties, in particular to small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises or to craft businesses within the meaning of Article 19(I) of amended Law No. 96-603 of…
In the consultation documents, the purchaser may require tenderers to provide a test report from an accredited conformity assessment body as proof of compliance with the technical specifications, award criteria or contract performance conditions, in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing…
In the consultation documents, the purchaser may require tenders to be accompanied by samples, mock-ups or prototypes as well as any document enabling the tender to be assessed. Where such requests involve a significant investment for tenderers, they give rise to the payment of a premium. The amount of the premium is indicated in the consultation documents. This amount is deducted from the contract holder’s remuneration.
In works or service contracts and supply contracts requiring siting or installation work or including the provision of services, the purchaser may require tenderers to indicate the names and relevant professional qualifications of the natural persons who will be responsible for the performance of the contract, where the quality of the tender is assessed on the basis of the know-how, efficiency, experience or reliability of the team dedicated to such…
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.
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.
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,…
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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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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