Regulatory part

The means of communication used may not have the effect of restricting the access of economic operators to the procedure for awarding the concession contract.The transmission, exchange and storage of information are carried out in such a way as to ensure the integrity of the data and the confidentiality of applications and tenders and to guarantee that the conceding authority does not become aware of the content of applications and…

With the exception of the cases provided for in articles R. 3122-4 and R. 3122-9, the conceding authority chooses the means of communication with the economic operators. This choice is indicated in the concession notice or, in the absence of such a notice, in another consultation document.

When the conceding authority uses electronic means, it ensures the confidentiality and security of transactions on a computer network that is accessible in a non-discriminatory manner, in accordance with the procedures laid down by order of the Minister for the Economy appended to this code.

The devices and systems used to communicate electronically, as well as their technical characteristics, must be compatible with the information and communication technologies in general use.The cost of access to the network shall be borne by each candidate or tenderer.

Candidates or tenderers may send the conceding authority a backup copy of the documents transmitted electronically under the conditions laid down by an order of the Minister for the Economy appended to this code. This copy can only be taken into consideration if it is received by the conceding authority within the period prescribed for the submission of applications or tenders, as the case may be.

The conceding authority may require candidates and tenderers to attach a French translation to the documents they have submitted drawn up in another language.