Le juge contrôle les niveaux minimums de capacités exigés des candidats

The judge controls the minimum levels of ability required of candidates

by gmorales on 2 June 2013 | Category: Pre-contractual & Contractual referral
Le juge contrôle les niveaux minimums de capacités exigés des candidats Le juge contrôle les niveaux minimums de capacités exigés des candidats

The judge controls the minimum levels of ability required of candidates

Rule n ° 1:

The pre-contractual judge can not annul a procurement procedure if the requirements of the minimum capacities required of the candidates to be able to participate in the procedure are clearly devoid of any connection with the object of the contract or disproportionate.

Rule n ° 2:

The pre-contractual judge is competent to check whether the recourse to the global market instead of an alloti market is justified by the contracting authority from a technical or financial point of view. In this case, the Conseil d'Etat admits that the unpredictable and unequal nature of the volume of services required, the mobilization of a larger number of frequently unoccupied equipment that would have caused a devolution in several lots would have had as a result of making the performance of these services more expensive. Recourse to the global market is therefore justified.