For contracts awarded in accordance with a formalised procedure, the award criteria shall be weighted or, where weighting is not possible for objective reasons, shall be indicated in descending order of importance. The weighting may be expressed as a range with an appropriate maximum deviation.
The purchaser and the successful tenderer may finalise the components of the contract before it is signed. However, this finalisation may not have the effect of modifying the substantial characteristics of the tender or the contract.
Purchasers may include in the consultation documents criteria or restrictions based on the origin of all or part of the works, supplies or services making up the tenders proposed or the nationality of the economic operators authorised to submit a tender, taking into account the geographical and sectoral scope of the international agreements mentioned in Article L. 2153-1 and any restrictions contained therein.
The countries and sectors for which the measures referred to in Article R. 2153-1 may not be introduced are specified as necessary and depending on the content of the agreements referred to in Article L. 2153-1, by an order of the Minister for the Economy appended to this Code.
For the application of Article L. 2153-2, a tender may be rejected if the proportion of products originating in third countries exceeds 50% of the total value of the products making up the tender. For the purposes of this article, software used in telecommunications network equipment is considered to be a product.
Where two or more tenders are equivalent in terms of the award criteria, preference is given to the tender that cannot be rejected pursuant to article R. 2153-3. Tenders are considered equivalent if the difference between their respective prices does not exceed 3%. However, this right of preference shall not be exercised where acceptance of the tender would oblige the contracting entity to acquire equipment with technical characteristics different from…
The list of countries and sectors covered, on the date of its publication, by an agreement mentioned in Article L. 2153-2 is specified as necessary by an order of the Minister responsible for the economy. This order also specifies, for a given country or sector, whether, depending on the content of these agreements, the commitments entered into include restrictions likely to prevent comparable and effective access for European Union companies…
The provisions of this chapter relating to the time limits for submitting applications and tenders apply without prejudice to those set out in articles R. 2143-1, R. 2151-1 and R. 2151-2.
The minimum time limit for receipt of applications and tenders is thirty-five days from the date of dispatch of the contract notice.
The minimum period laid down in Article R. 2161-2 may be reduced: 1° To fifteen days if the purchaser has published a prior information notice or a periodic indicative notice that has not been used as a call for tenders and where the following conditions are met: a) The pre-information notice or periodic indicative notice was sent for publication at least thirty-five days and at most twelve months before the…
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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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