The technical and functional specifications define the required characteristics of the works or services.They may refer to the specific production or execution process of the works or services requested, provided that they are linked to the purpose of the concession contract and proportionate to its value and objectives.
The technical and functional specifications shall not refer to a particular manufacturing method or process, to a specific origin or provenance, or to a trademark, patent or type. However, such a mention or reference is possible if it is justified by the subject of the concession contract or, exceptionally, if a sufficiently precise and intelligible description of the subject of the concession contract is not possible without it and provided…
The concession granting authority may not reject a tender on the grounds that it does not comply with the technical and functional specifications if the tenderer proves in its tender, by any appropriate means, that the solutions it proposes comply with these specifications in an equivalent manner.
The conceding authority may implement the reservation provided for in articles L. 3113-1, L. 3113-2 and L. 3113-2-1 when the minimum proportion mentioned in these articles is at least 50%. The decision to reserve is mentioned in the notice of concession.
For the purpose of determining the duration of the concession contract, investments are defined as the initial investments as well as those to be made during the duration of the concession contract, when they are necessary for the operation of the works or services under concession.In particular, renewal works, expenditure on infrastructure, copyright, patents, equipment, logistics, recruitment and staff training are considered as such.
For concession contracts with a duration of more than five years, the duration of the contract must not exceed the time reasonably expected by the concessionaire to amortise the investments made for the operation of the works or services with a return on the capital invested, taking into account the investments necessary for the performance of the contract.
The competent State authority referred to in article L. 3114-8 is the Departmental Director of Public Finance.
For contracting authorities with a public accountant, the concession contract shall indicate, where applicable, the administrative and technical conditions to which authorisation and payment are subject.
Pursuant to article L. 3114-9, the proportion of services or works that the tenderer must entrust to small and medium-sized enterprises or third parties may not be less than 10% of the total estimated value of the concession contract.
The estimated value of the concession contract is calculated using an objective method, specified in the consultation documents mentioned in article R. 3122-7. It corresponds to the concessionaire’s total turnover excluding taxes for the duration of the contract. The choice of calculation method used by the conceding authority may not have the effect of exempting the concession contract from the provisions of this book that apply to it, in particular…
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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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