Candidats évincés : comment connaître le contenu des offres concurrentes ?

Unsuccessful candidates: how to know the content of competing offers?

by gmorales on 3 June 2013 | Category: Public markets
Candidats évincés : comment connaître le contenu des offres concurrentes ? Candidats évincés : comment connaître le contenu des offres concurrentes ?

Unsuccessful candidates: how to know the content of competing offers?

Rule n ° 1:

The overall price offer proposed by the successful tenderer (price indicated in the commitment document) and the deadlines for performance of the services are not covered by the trade secret and are fully transferable by the contracting authority to unsuccessful candidates who request it.

Rule n ° 2:

The contracting authority may not oppose this communication on the sole ground that it might give a competitive advantage of such a nature as to impair the fairness of competition in the event that the procedure in question is annulled or declared without further action. reason of general interest and where a new procedure for the award of the contract

Rule n ° 3:

In order to oppose a request for disclosure of the documents of a public contract, the contracting authority must justify that the disclosure of the requested information may lead to an infringement of business secrecy or may actually undermine fair competition between economic operators. Failing that, he must communicate the documents and information requested.