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Article R2393-14 of the French Public procurement code

In order to select the subcontractors, the holder must indicate in the notice or, in the absence of such a notice, in another consultation document: 1° The obligation of the subcontractor to provide a declaration stating that it is not placed in one of the cases of exclusion listed by the legislative provisions of Chapter I of Title IV; 2° The requirements relating to fitness to carry out the professional…

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Article R2393-16 of the French Public procurement code

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…

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Article R2393-17 of the French Public procurement code

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.

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Article R2393-18 of the French Public procurement code

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.

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Article R2393-21 of the French Public procurement code

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…

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Article R2393-23 of the French Public procurement code

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.

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