PART TWO: PUBLIC PROCUREMENT

The purchaser may require tenderers to attach a French translation to the documents drawn up in another language that they submit pursuant to articles R. 2151-15 and R. 2151-16 as well as articles R. 2351-6 and R. 2351-12. It does not require a certified translation, except where this is justified by an overriding reason relating to the public interest.

In the consultation documents, the purchaser may ask tenderers to indicate in their tender the proportion of the contract that they intend to subcontract to third parties, in particular to small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises or to craft businesses within the meaning of Article 19(I) of Law No. 96-603 of 5…

The provisions of articles R. 2151-15 and R. 2151-16 apply.

When the performance of a defence or security contract involves, requires or includes information or media protected or classified in the interests of national security, the purchaser shall request, in the consultation documents, that the tenderer’s offer include: 1° An undertaking to preserve, at the level of protection required by the contract, and in accordance with the provisions laid down by the Prime Ministerial Order referred to in Article R….

Where the purchaser lays down requirements relating to security of supply, he may in particular request, in the consultation documents, that the tenderer’s tender include: 1° certification or documents demonstrating that it will be able to fulfil the obligations relating to the export, import, transfer and transit of goods associated with the contract, including any additional documents issued by the State concerned; 2° an indication of any restrictions on the…

A tenderer may not be asked to obtain a commitment from a Member State of the European Union which would prejudice the freedom of that Member State to apply, in accordance with relevant international or European Union law, its national criteria for authorising exports, transfers or transits, in the circumstances prevailing at the time of the authorisation decision.

Where the purchaser lays down requirements relating to subcontracts, it may in particular request, in the notice of invitation to tender, that the tenderer’s offer include: 1° An indication of the parts of the public contract that it intends to subcontract, as well as the subject of these subcontracts and the identity of the subcontractors; 2° An undertaking to indicate any changes that have occurred during the performance of the…