The minimum levels of capacity must be linked and proportionate to the purpose of the contract
The minimum levels of capacity must be linked and proportionate to the purpose of the contract.
Rule n ° 1:
The minimum levels of capacity that the contracting authority may require from candidates for a public contract must be linked and proportionate to the subject of the contract in accordance with the provisions of Article 45 of the Public Procurement Code.
Rule n ° 2:
The pre-contractual judge is competent to check whether the minimum levels of capacity are related to the object of the contract or manifestly disproportionate. This control is done on a case by case basis. In the present case, the contract concerned the establishment of markings and signs of deviation on the road network: the Council of State admits that the contracting authority could require the ability to mobilize at least 12 vans equipped with message boards variables, given the diversity of potential messages to be disseminated and the extent of the road network, which justified the requirement for a significant minimum amount of vehicles.