Technical specifications formulated in terms of performance or functional requirements are sufficiently precise to enable candidates to know exactly what the contract is about and to enable the purchaser to award the contract. They may include environmental or social characteristics.
Where the purchaser formulates a technical specification by reference to a standard or an equivalent document, he may not reject a tender on the grounds that it does not comply with that standard or document if the tenderer proves, by any appropriate means, that the solutions he proposes satisfy in an equivalent manner the requirements defined by that standard or document.Where the purchaser formulates a technical specification in terms of…
A label is any document, certificate or attestation which proves that the works, products, services, processes or procedures related to the subject of the contract meet certain characteristics. The label requirements are those which the works, products, services, processes or procedures must meet in order to obtain the label.
In the technical specifications, award criteria or performance conditions of a contract, the purchaser may require the economic operator to hold a particular label if it meets the conditions laid down in articles R. 2111-14 and R. 2111-15.
The label used must have the following characteristics:1° It is established following an open and transparent procedure;2° It is based on objectively verifiable and non-discriminatory criteria;3° The conditions for obtaining it are set by a third party over whom the economic operator applying for it cannot exercise decisive influence and are accessible to any interested party.
The purchaser may require a particular label provided that the characteristics demonstrated by this label: 1° Are related to the subject of the contract within the meaning of Article L. 2112-3; 2° Enable the works, supplies or services which are the subject of the contract to be defined. The purchaser may require a particular label, even where not all the characteristics demonstrated by that label are expected, provided that it…
A purchaser who requires a particular label accepts all labels that confirm that the characteristics required under the contract are met.
Where the economic operator is unable, for reasons for which it is not responsible, to obtain the required label or an equivalent label meeting the conditions of article R. 2111-15 within the time limit, it may prove by any means that the characteristics required by the purchaser have been met.
The threshold above which contracts must be concluded in writing is set at €25,000 excluding tax.
The terms of the contract may be determined by reference to general documents such as:1° Cahiers des clauses administratives générales, which set out the administrative provisions applicable to a category of contracts;2° Cahiers des clauses techniques générales, which set out the technical provisions applicable to all services of the same type.The cahiers des clauses administratives générales and the cahiers des clauses techniques générales are approved by order of the Minister…
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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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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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