In the context of a MAPA, can we accept as criteria for judging offers a criterion for the admissibility of applications?
Rules for formalized procedures
In a formalized procedure, the Council of State forbids the use as a criterion for judging offers a criterion of receivability of applications such as the turnover where professional references (EC 29 December 2006, SNC Bertele, n ° 273783) .
Possible flexibilities for adapted procedures
In an adapted procedure, the Council of State authorizes as criterion of judgment of the offers a criterion of admissibility of the candidatures as for example the professional references to a double condition:
Condition n ° 1: The consideration of this criterion must be justified by the purpose of the contract.
In this case, the Council of State considers that a market which aims at the realization of seventy energy pre-diagnoses on public buildings, schools, town halls, communal dwellings, village halls as well as on educational establishments. health centers, campsites, rural lodges, holiday centers and hotels, which provides for the completion of an energy assessment for each building as well as an evaluation of energy saving deposits and a direction towards interventions that are simple to implement. or in-depth studies present a particular technicality that objectively justifies the use of the criterion of professional references.