What are the criteria for qualifying an offer as unacceptable in the financial plan?
Response from the Ministry of Economy and Finance published in the Senate Senate of August 22, 2013 http://www.senat.fr/questions/base/2013/qSEQ130305463.html
Article 35 of the Public Procurement Code qualifies an offer as unacceptable if the conditions laid down for its implementation are in breach of the legislation in force or if the budgetary appropriations allocated to the market after assessing the need to be met do not allow the contracting authority to finance it. Regarding this second hypothesis, the ministerial response of 22 August 2013 recalled the following rules:
Rule n ° 1:
The only overrun of the budget allocated to the operation revealed by the proposed offer does not make it possible to reject an offer as unacceptable: since the budgetary appropriations allocated by the contracting authority give it the possibility of financing the offer, that It can not be rejected as unacceptable even if its price is well above the estimated amount of the market.
Rule n ° 2:
An offer can only be considered unacceptable if it significantly exceeds the forecast estimate established by the contracting authority.
Rule n ° 3:
As a result, it is not possible to determine a specific threshold from which the overrun of the transaction budget could be found and result in the rejection of bids above this threshold as unacceptable. For example, a higher offer of 25 % to the buyer's service estimate does not systematically result in an unacceptable bid qualification.