An unsuitable tender is a tender that has no connection with the contract because it is clearly unable, without substantial modification, to meet the buyer’s needs and requirements as set out in the consultation documents.
An abnormally low bid is a bid whose price is clearly undervalued and likely to compromise the proper performance of the contract.
The purchaser shall implement all means enabling it to detect abnormally low tenders.If a tender appears to be abnormally low, the purchaser shall require the economic operator to provide details and justification of the amount of its tender.If, after verification of the justification provided by the economic operator, the purchaser establishes that the tender is abnormally low, it shall reject it in accordance with the conditions laid down by decree…
The contract shall be awarded to the tenderer or tenderers, as the case may be, who have submitted the most economically advantageous tender on the basis of one or more objective and precise criteria relating to the subject of the contract or its performance conditions. The detailed rules for the application of this paragraph shall be laid down by regulation. Tenders are assessed lot by lot. The link with the…
The award criteria do not confer unlimited freedom of choice on the purchaser and guarantee the possibility of genuine competition. They are made public under the conditions laid down by decree in the Council of State.
Among the award criteria for global contracts mentioned in Article L. 2171-1, the purchaser shall take account of the proportion of the contract performance that the tenderer undertakes to entrust to small and medium-sized enterprises or craftsmen.
The purchaser shall guarantee economic operators and works, supplies and services from States which are parties to the Agreement on Government Procurement concluded within the framework of the World Trade Organisation or to another equivalent international agreement to which the European Union is a party, within the limits of these agreements, treatment equivalent to that guaranteed to economic operators, works, supplies and services from the European Union.In other cases, purchasers…
Where a tender submitted in connection with the award of a supply contract by a contracting entity contains products originating in third countries with which the European Union has not concluded, within a multilateral or bilateral framework, an agreement ensuring comparable and effective access for European Union undertakings to the markets of those countries, or to which the benefit of such an agreement has not been extended by a decision…
The following are global contracts awarded by way of derogation from the principle of allotment:1° Design-build contracts;2° Global performance contracts;3° Global sectoral contracts.
A design-build contract is a works contract enabling the purchaser to entrust an economic operator with the task of both drawing up the studies and carrying out the works. Purchasers subject to the provisions of Book IV may only enter into a design-build contract, regardless of the value, if technical reasons or a contractual commitment relating to improving energy efficiency or the construction of a new building that exceeds current…
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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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