Justification du recours à un critère qui impose une spécification technique

Rationale for using a criterion that imposes a technical specification

by gmorales on September 10, 2013 | Category: Pre-contractual & Contractual referral
Justification du recours à un critère qui impose une spécification technique Justification du recours à un critère qui impose une spécification technique

EC 17 July 2013, Department of Guadeloupe, n ° 366864

Rationale for using a criterion that imposes a technical specification

Justification du recours à un critère qui impose une spécification technique Rule n ° 1

Where the use of a criterion has the effect of imposing a technical specification on the candidates for a service contract, it is necessary to examine, for the purposes of IV of Article 6 of the Public Procurement Code, whether the specification whether or not it has the effect of favoring or eliminating certain economic operators and, in the event only of such an infringement of competition, whether that specification is justified by the subject of the contract or, if it is not the case, if a sufficiently precise and intelligible description of the object of the market is not possible without it.
As regards a school bus transport market, the Conseil d'Etat considers that the criterion relating to the age of the vehicles is justified by the subject of the contract when it relates objectively to the comfort characteristics, safety and efficiency that the contracting authority was entitled to expect from the vehicles proposed by the

Rule n ° 2:

When a contracting authority wishes, during the procedure and before the submission of tenders, to modify an element of the consultation, it is only required to publish a public notice of competition if this amendment is substantial.
In the present case, the Conseil d'Etat considers that the deletion of a single lot out of the 124 lots of the market, as soon as the file of the consultation to the companies was circulated, can not be regarded as a substantial modification and did not to be the subject of a corrigendum.

Rule n ° 3:

A contracting authority shall not ignore the provisions of Article 80 of the Code des Marches Publics when it merely provides the unsuccessful candidates with a table comparing, for the two criteria and for each lot, their marks to those of the successful candidate.

Rule n ° 4:

An offer may be considered unacceptable if it significantly exceeds the forecast assessment established by the contracting authority for the award of each lot.