Article R2393-22 of the French Public procurement code
November 7, 2023
Where the purchaser rejects a subcontractor, it shall provide the tenderer or holder with a written justification stating the reasons for the rejection.
Where the purchaser rejects a subcontractor, it shall provide the tenderer or holder with a written justification stating the reasons for the rejection.
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.
The holder of the contract may subcontract when the contract is awarded and throughout its performance, provided that he has declared this to the purchaser and has obtained the subcontractor’s acceptance. The purchaser shall state in the contract notice or, in the absence of such a notice, in another consultation document that each subcontractor must be submitted for acceptance. It shall also specify the conditions for rejecting subcontractors in accordance…
Where the declaration of subcontracting is made when the tender is submitted, the tenderer shall provide the purchaser with a declaration containing all of the following information: 1° The nature of the subcontracted services; 2° The name, business name or corporate name and address of the proposed subcontractor; 3° The place of performance of the subcontracted services; 4° The maximum amount of the sums to be paid to the subcontractor;…
Notification of the contract implies acceptance of the subcontractor and, where applicable, approval of its terms of payment.
When the declaration of subcontracting is made after the contract has been notified, the contractor shall submit to the purchaser, against a receipt or by registered letter with acknowledgement of receipt, a special subcontracting deed containing the information mentioned in article R. 2393-25.The holder also proves that no assignment or pledging of receivables resulting from the contract prevents direct payment to the subcontractor, by producing either the single copy or…
Acceptance of the subcontractor and, where applicable, approval of its terms of payment are recorded by the signature of the special subcontracting agreement. If the purchaser remains silent for twenty-one days from receipt of the documents mentioned in article R. 2393-27, this shall also constitute acceptance of the subcontractor and, where applicable, approval of its terms of payment.
When the contractor intends to entrust to subcontractors benefiting from direct payment, after notification of the contract, the performance of services for an amount greater than that indicated in the contract or the special act, he shall ask the purchaser, without prejudice to the provisions of sub-section 1 relating to acceptance of the subcontractor, to amend the single copy or the certificate of transferability.
The provisions of article R. 2193-6 apply.
The purchaser may not approve the terms of payment of a subcontractor if the single copy or the certificate of transferability has not been amended or if the proof referred to in article R. 2193-6 has not been provided to the purchaser. If the purchaser remains silent for twenty-one days from receipt of the documents mentioned in the first paragraph and in article R. 2393-27, this also constitutes acceptance of…
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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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