Article R2393-12 of the French Public procurement code
November 7, 2023
The contractor awards the sub-contracts under the conditions defined in sub-section 3.
The contractor awards the sub-contracts under the conditions defined in sub-section 3.
When the purchaser has recourse to the provisions of article L. 2393-3, the holder awards the sub-contracts in accordance with the provisions of this sub-section. However, when the holder is a purchaser within the meaning of Article L. 1210-1, it awards its subcontracts in accordance with the provisions of this book.
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…
The holder is not obliged to subcontract if he can prove to the satisfaction of the purchaser that none of the potential subcontractors taking part in the competition or none of the tenders submitted meets the criteria set out in the notice.
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…
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.
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.
The notice referred to in article R. 2393-18 shall be drawn up in accordance with the model set out in the European Commission regulation establishing standard forms for the publication of notices in connection with the award of public contracts.
By way of derogation from article R. 2393-18, the holder is not required to publish a notice when the sub-contract fulfils the conditions for use of the award procedure without prior advertising or competitive tendering provided for in Chapter II of Title II.
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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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
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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