The holder is not obliged to subcontract if he can prove to the satisfaction of the purchaser that none of the potential subcontractors taking part in the competition or none of the tenders submitted meets the criteria set out in the notice.
The contractor may decide to award the sub-contracts on the basis of a framework agreement as defined in 1° of Article L. 2325-1 and under the conditions set out in this sub-section. In this case, it is deemed to have met the competitive tendering requirements. Sub-contracts based on the framework agreement must comply with the following requirements: 1° They are awarded within the limits of the conditions laid down in…
Where the sub-contract meets a need whose estimated value is below the thresholds for a formalised procedure, the holder is free to determine, in accordance with the principles of public procurement, the advertising procedures appropriate to the characteristics of the sub-contract, and in particular to its purpose, its amount, the degree of competition between the companies concerned and the conditions under which the sub-contract is awarded.
Where the subcontract meets a need whose estimated value, calculated in accordance with the provisions of Chapter I of Title II, is equal to or greater than the thresholds for the formalised procedure, the contractor shall make known its intention to award the subcontract by means of a notice published in the Official Journal of the European Union in accordance with Article R. 2131-19.
The notice referred to in article R. 2393-18 shall be drawn up in accordance with the model set out in the European Commission regulation establishing standard forms for the publication of notices in connection with the award of public contracts.
By way of derogation from article R. 2393-18, the holder is not required to publish a notice when the sub-contract fulfils the conditions for use of the award procedure without prior advertising or competitive tendering provided for in Chapter II of Title II.
For the purposes of Article L. 2393-8, the capabilities of subcontractors are assessed in particular with regard to the security of information, the security of supplies or the ability to perform the contract, to cope with any increase in requirements as a result of a crisis or to ensure the maintenance, modernisation or adaptation of the supplies which are the subject of the contract when the geographical location of the…
Where the purchaser rejects a subcontractor, it shall provide the tenderer or holder with a written justification stating the reasons for the rejection.
Any contractor who, fifteen days after having been given formal notice in writing to do so, fails to communicate the sub-contracts to the purchaser, shall incur a penalty equal to one thousandth of the amount of the contract or tranche concerned, or, failing this, of the amount of the order form concerned. This penalty applies for each day of delay.
The holder of the contract may subcontract when the contract is awarded and throughout its performance, provided that he has declared this to the purchaser and has obtained the subcontractor’s acceptance. The purchaser shall state in the contract notice or, in the absence of such a notice, in another consultation document that each subcontractor must be submitted for acceptance. It shall also specify the conditions for rejecting subcontractors in accordance…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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