French Business Law - French Legislation

Article R2113-3 of the French Public procurement code

November 8, 2023

A purchaser who decides not to allocate a contract meeting a need whose value is equal to or greater than the formalised procedure thresholds shall give the reasons for this choice: 1° In the consultation documents or the presentation report referred to in article R. 2184-1, when acting as a contracting authority; 2° Among the information it keeps pursuant to articles R. 2184-7 and R. 2184-8, when acting as a…

Article R2113-4 of the French Public procurement code

November 8, 2023

Purchasers may award a contract comprising a firm tranche and one or more optional tranches. The contract defines the content, the price or the way in which it is to be determined and the way in which the services are to be carried out for each tranche.

Article R2113-5 of the French Public procurement code

November 8, 2023

The services of the firm tranche must form a coherent whole; the same applies to the services of each optional tranche, taking into account the services of all the previous tranches.

Article R2113-6 of the French Public procurement code

November 8, 2023

The execution of each optional tranche is subject to the purchaser’s decision to award it, notified to the contractor under the conditions set out in the contract.When an optional tranche is awarded late or is not awarded, the contractor may be entitled, if the contract so provides and under the conditions defined therein, to a waiting or forfeiture payment.

Article R2113-7 of the French Public procurement code

November 8, 2023

The purchaser may implement the reservation provided for in articles L. 2113-12, L. 2113-13 or L. 2113-13-1 when the minimum proportion mentioned in these articles is at least 50%. The decision to reserve is mentioned in the call for tenders or, in the absence of such a notice, in the consultation documents.

Article R2121-1 of the French Public procurement code

November 8, 2023

The purchaser shall calculate the estimated value of the requirement on the basis of the total amount, excluding taxes, of the contract or contracts envisaged.It shall take account of options, renewals and all lots and, where appropriate, of any bonuses provided for candidates or tenderers.

Article R2121-2 of the French Public procurement code

November 8, 2023

Where a purchaser is made up of separate operational units, the total estimated value of the contracts awarded for the needs of the various operational units shall be taken into account. However, where an operational unit is autonomously responsible for its contracts or for certain categories of them, the value of the requirement may be estimated at the level of the unit in question.

Article R2121-3 of the French Public procurement code

November 8, 2023

The value of the requirement to be taken into account is the value estimated at the time the notice of invitation to tender is sent or, in the absence of such a notice, at the time the purchaser launches the consultation.

Article R2121-4 of the French Public procurement code

November 8, 2023

The purchaser may not evade the application of this Book by splitting his purchases or by using methods of calculating the estimated value of the requirement other than those provided for therein.

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French Public procurement code

Article R2113-3 of the French Public procurement code

Article R2113-4 of the French Public procurement code

Article R2113-5 of the French Public procurement code

Article R2113-6 of the French Public procurement code

Article R2113-7 of the French Public procurement code

Article R2121-1 of the French Public procurement code

Article R2121-2 of the French Public procurement code

Article R2121-3 of the French Public procurement code

Article R2121-4 of the French Public procurement code

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French Public procurement code

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Do you need French-law advice? Contact our Lawyers in France.

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