Do not confuse the criteria for selecting canddatures and the criteria for judging offers
Rule n ° 1:
Concerning the formalized procedures, the criterion of the experience of the candidates is not to be erected in criterion of selection of the offers.
Rule n ° 2:
The consideration of the experience is based on the technical and professional capacity of the candidates. This is a criterion for checking the aptitude of the candidates, which is appreciated for the selection of the candidates. Such a criterion that is relevant to the application can not be used as a criterion for choosing offers. This position is in line with that of the administrative judge (CE 11 Mar. 2013, AP-HP v. / Société Detection Electronique Française (DEF), No. 364706).
Rule n ° 3:
For contracts awarded under adapted procedure, the contracting authority may examine, during a single phase, the admissibility of applications and the value of tenders (EC, 6 March 2009, SELARL Légitima - Commune of Aix en Provence, Req. No. 314,610). It is possible to use a criterion based on the qualification and experience of the candidate to award the contract (CAA Marseille, February 27, 2012, Cabinet MPC avocats, application number 09MA01937), and the weighting up to 20 % (CE , August 2, 2011, Grands Causses Regional Nature Park, # 348 254) if this is justified by the market.
Practical advice :
- If you are a contracting authority : make sure to ask, at the stage of the selection of applications, only the elements to analyze the guarantees and technical capabilities (logistical and human resources of the company), financial and professional (references). You must analyze the 3 guarantee categories mentioned above (CE, 29 April 2011, Garde des seals, application no 344617). You must indicate the criteria of the application even in MAPA (CE, 24 February 2010, Communes of the Enclave of the Popes, Req # 333569). On the other hand, it is possible to ask, in order to assess the technical value of the offer or the quality of the offer, as a sub-criterion to be weighted, the technical means and the team which will be dedicated specifically to the realization of delivery: it is necessary to clearly identify the direct link with the object of the contract.
- If you are a candidate : avoid transmitting to the contracting authority an immutable press-book, and apply to just communicate the requested documents to allow a complete analysis of your application. For example, if you are part of a group and only the regional office responds to the consultation, do not give, at the stage of the application, the technical, financial and professional capacities of the group at the national level, which does not are in no way an exact reflection of the company's situation at regional or local level.