The services of the firm tranche must form a coherent whole; the same applies to the services of each optional tranche, taking into account the services of all the previous tranches.
The execution of each optional tranche is subject to the purchaser’s decision to award it, notified to the contractor under the conditions set out in the contract.When an optional tranche is awarded late or is not awarded, the contractor may be entitled, if the contract so provides and under the conditions defined therein, to a waiting or forfeiture payment.
The purchaser may implement the reservation provided for in articles L. 2113-12, L. 2113-13 or L. 2113-13-1 when the minimum proportion mentioned in these articles is at least 50%. The decision to reserve is mentioned in the call for tenders or, in the absence of such a notice, in the consultation documents.
When the purchaser decides to reserve the contract for one or more companies in the social economy, the tender notice or, in the absence of such a notice, the consultation documents shall refer to Articles L. 2113-15 and L. 2113-16.
The purchaser shall calculate the estimated value of the requirement on the basis of the total amount, excluding taxes, of the contract or contracts envisaged.It shall take account of options, renewals and all lots and, where appropriate, of any bonuses provided for candidates or tenderers.
Where a purchaser is made up of separate operational units, the total estimated value of the contracts awarded for the needs of the various operational units shall be taken into account. However, where an operational unit is autonomously responsible for its contracts or for certain categories of them, the value of the requirement may be estimated at the level of the unit in question.
The value of the requirement to be taken into account is the value estimated at the time the notice of invitation to tender is sent or, in the absence of such a notice, at the time the purchaser launches the consultation.
The purchaser may not evade the application of this Book by splitting his purchases or by using methods of calculating the estimated value of the requirement other than those provided for therein.
For works contracts, the estimated value of the requirement is determined, irrespective of the number of economic operators called upon and the number of contracts to be awarded, by taking into account the total value of the works relating to an operation and the total estimated value of the supplies and services made available to the contractor by the purchaser where they are necessary for the performance of the works.A…
For supply or service contracts, the estimated value of the need shall be determined, irrespective of the number of economic operators involved and the number of contracts to be awarded, by taking into account the total value of the supplies or services which may be regarded as homogeneous either because of their specific characteristics or because they constitute a functional unit.
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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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