The use of the criterion of the CV as criterion of judgment of the offers
I-The possibility of using CVs as a criterion for judging offers
Where the particular expertise of the persons performing the services provided for in the contract is of vital interest for the quality of its performance, the public purchaser may require tenderers to provide specific information concerning the professional skills or the experience of the agents they intend to assign to the performance of the contract. The public purchaser may request that these elements be substantiated by a curriculum vitae.
Under the old rules, the Council of State has already had occasion to recall that a public purchaser could retain a criterion of judgment of the offers based on the experience of the candidates when its taking into account was made objectively necessary by the object of the market and the nature of the services to be performed and had no discriminatory effect (EC 2 Aug. 2011, Parc Naturel Régional des Grands Causses, Ref. No. 348254). This possibility was however limited to the only adapted procedures (EC 29 December 2006, Sté BERTELE SNC, req.n ° 273783, CE 8 February 2010, Municipality of La Rochelle, req.n ° 314075).
Under the new regulations, Article 62-II-2 ° of Decree 2016-360 of 25 March 2016 no longer distinguishes between adapted and formalized procedures and expressly authorizes the public purchaser to use tenders as a criterion for judging " the qualifications and experience of the staff assigned to the performance of the public contract when the quality of the assigned staff can have a significant influence on the level of execution of the public contract ". CVs can now be used as a criterion for judging tenders to assess the applicant's experience and expertise in the field covered by the subject of the contract, particularly for intellectual services contracts (project management and service contracts). legal, audit, tec ...) but not only, some work services may also justify the use of this rating element offers. Article 57-V of the Decree of 25 March 2016 confirms this possibility by stating that the public purchaser may require tenderers to specify in their tender the names and relevant professional qualifications of the natural persons who will be responsible for the execution. the public contract in question, when the quality of the offer is assessed on the basis of the know-how, efficiency, experience or reliability of the team dedicated to the execution of the public contract.
II-The difficulty of objectively assessing the CV criterion
To be regular within the meaning of article 62-II 2 ° of the decree of March 25, 2016 relating to the public markets, the criterion of the CV must not be formulated in a vague way in order to avoid that it gives a freedom of choice unconditioned to the public purchaser. In order to avoid any criticism from the tenderers, the conditions for implementing the CV criterion must be clearly announced in the consultation rules. In practice, the rating elements of the CV criterion should be indicated, that is, the different sub-criteria that will be used to score each criterion for judging the offers and weight the different sub-criteria if do not have the same importance (EC 25 March 2013, Sté Cophignon, Req.N ° 364951-EC 6 April 2016, Bohalle Commune, Req. The public purchaser is free to use both elements of a quantitative rating (number of years of experience for example) or qualitative rating (certificate of specialization or equivalent, level of qualification in a particular field attested by a diploma or certification) to score this criterion.
III-The necessary vigilance of the public purchaser during the execution of the contract
The attention of public purchasers must, however, be drawn to the difficulties that may arise during the performance of the contract when the tenders have been selected on the basis of the CVs of the agents who are to perform the services when some of them leave the service. business. In order to prevent such difficulties, it seems useful to provide in the SCC of the market a specific clause according to which in the event of the departure of an agent assigned to the performance of the services provided for by the contract, he must immediately be replaced by the contractor, after approval by the contracting authority, by an agent with competency of an equivalent level.