French Business Law - French Legislation

Article R2122-11 of the French Public procurement code

November 8, 2023

A contracting entity may award a contract without prior advertising or competitive tendering:1° For the purposes of research, experimentation, study or development, without the objective of profitability or amortisation of research and development costs. The award of such a contract must not prejudice the competitive tendering of subsequent contracts which pursue the same objectives;2° The object of which is the purchase of supplies which can be acquired by taking advantage…

Article R2123-1 of the French Public procurement code

November 8, 2023

The purchaser may use an adapted procedure to award: 1° A contract for which the estimated value of the requirement, excluding taxes, is less than the European thresholds set out in a notice annexed to this Code; 2° A batch of an allotment contract for which the total amount is equal to or greater than the formalised procedure thresholds and which meets the following two conditions: a) The estimated value…

Article R2123-2 of the French Public procurement code

November 8, 2023

Where a contract covers both social services mentioned in 3° of article R. 2123-1 and other services, it shall be awarded in accordance with the rules applicable to whichever of these two categories of services has the higher estimated value. Where it is not possible to determine which category of services has the highest estimated value, the contract is awarded in accordance with the rules applicable to the other services.

Article R2123-4 of the French Public procurement code

November 8, 2023

Where an adapted procedure is used, the purchaser shall determine the terms and conditions on the basis of the nature and characteristics of the need to be met, the number or location of the economic operators capable of meeting it and the circumstances of the purchase.

Article R2123-5 of the French Public procurement code

November 8, 2023

Where the purchaser provides for negotiation, he may award the contract on the basis of the initial tenders without negotiation, provided that he has indicated that he reserves this option in the consultation documents.

Article R2123-6 of the French Public procurement code

November 8, 2023

Where the procedure expressly refers to one of the formalised procedures, the purchaser is obliged to apply that procedure in its entirety.

Article R2123-7 of the French Public procurement code

November 8, 2023

When awarding a contract mentioned in 3° of Article R. 2123-1, the purchaser shall take account of the specific characteristics of the services in question. In particular, it shall ensure the quality, continuity, accessibility, affordability, availability and completeness of the services, the specific needs of different categories of users, including disadvantaged and vulnerable categories, the participation and involvement of users, and innovation.

Article R2124-1 of the French Public procurement code

November 8, 2023

The purchaser shall award the contract in accordance with one of the formalised procedures provided for in this chapter when the estimated value of the requirement is equal to or greater than the European thresholds set out in a notice annexed to this Code, subject to the provisions of Chapter II and Section 1 of Chapter III of this Title.

Article R2124-2 of the French Public procurement code

November 8, 2023

The purchaser is free to choose between the following forms of invitation to tender:1° Open invitation to tender when any interested economic operator may submit a tender;2° Restricted invitation to tender when only candidates selected by the purchaser are authorised to submit a tender.

Article R2124-3 of the French Public procurement code

November 8, 2023

The contracting authority may award its contracts using the procedure with negotiation in the following cases: 1° When the need cannot be met without adapting immediately available solutions; 2° When the need consists of an innovative solution. New or substantially improved works, supplies or services are considered innovative. The innovative nature may consist in the implementation of new production or construction processes, a new marketing method or a new organisational…

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Title II: CHOICE OF PROCUREMENT PROCEDURE

Article R2122-11 of the French Public procurement code

Article R2123-1 of the French Public procurement code

Article R2123-2 of the French Public procurement code

Article R2123-4 of the French Public procurement code

Article R2123-5 of the French Public procurement code

Article R2123-6 of the French Public procurement code

Article R2123-7 of the French Public procurement code

Article R2124-1 of the French Public procurement code

Article R2124-2 of the French Public procurement code

Article R2124-3 of the French Public procurement code

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Title II: CHOICE OF PROCUREMENT PROCEDURE

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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