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Posts by category

• Category : Délégations de service public
  • The impossibility of the contracting party to request the nullity of his own contract!
  • Scope of settlement clauses and enforceable title
  • The scope of the binding nature of the consultation rules
  • Street furniture contract: public contract or service concession?
  • Clarification of the procedures for awarding a temporary concession by mutual agreement!
  • Referred suspension and delegation of public service: some indications on the elements allowing to prove the urgency!
  • The terms of compensation for return goods at the end of a concession contract
  • Illegality of the request for delivery of a conditional offer taking into account the simultaneous award of another contract by another public purchaser
  • Concession of street furniture: pay attention to the respect of the local regulation of advertising!
  • The Council of State decides on the new provisions relating to the modifications of concessions in progress
  • Public service delegation or occupancy agreement? The Council of State recalls the borders ...
  • The duration of a public service delegation contract may exceed 20 years if the new investment charges justify it
  • DSP: no obligation to allot, but beware of obviously excessive perimeters
  • New rules for the award and execution of concession contracts
  • The termination, even for misconduct, of a public service delegation may result in the payment of an indemnity to the delegatee
  • The contract for the provision of televisions and means of communication in hospitals is a public service delegation
  • Limitation of adaptations that may be made to the object of a public service delegation
  • Termination of a public service delegation of excessive length
  • A contract concluded by a public service delegate is a private contract
  • Public service delegations and period of validity of tenders
  • Public service delegations: pay attention to transfers of skills!
  • Illicitness of a contractual clause which ignores the principle of inalienability of the public domain.
  • Can we accept an offer that does not meet the formalism of the consultation regulation in a public service delegation?
  • Public service delegation and irregular candidacy
• Category : Dossiers du mois
  • The evolution of third party access to the courtroom of the contract judge: what a paradox!
  • The behavior of the administration may be worth tacit termination of the public market!
  • The use of the criterion of the CV as criterion of judgment of the offers
  • Contractual reference and adapted procedure contracts: the hope of a new efficiency?
  • The onerous nature of public procurement
  • Provision of television services, telephone and Internet access to patients of a Hospital Center: The State Council decides for the DSP
  • Reasonable time and information of the evicted candidates in the Mapa
  • File information of the candidates ousted before the signing of the contract
  • Consequences for local elected representatives of the law n ° 2013-907 of 11 October 2013 relating to the transparency of public life
  • The pitfalls of the DC 2 form: the judge settles the debate launched a year ago!
  • Urban planning: new rules for litigation!
  • MAPA: can we negotiate with an inadmissible or insufficient candidature?
  • The preferential status of craftsmen in public procurement law
  • Can a candidate for a public contract object to the General Terms and Conditions of Sale to the contracting authority?
  • Judicial pre-contractual referee
  • Information of unsuccessful candidates
• Category : Droit public
  • On the responsibility of public accountants in matters of public procurement control
  • Grant agreements do not rhyme with administrative contracts!
  • When "motorway concessionaire" does not necessarily rhyme with "contracting authority"!
  • Removal of light panels: the only loss of the loss of profit does not justify the urgency
  • Christmas market: conditions of admissibility of the interim suspension against refusal to renew a contract
  • Cancellation of a public contract awarded to a poacher of the right!
  • Communication of administrative documents: possibility to oppose the industrial and commercial secret even in situation of quasi-monopoly
  • Exception of inadmissibility for failure to use telerecours!
  • Break in talks: expenses incurred may be compensated but not loss of expected profit
  • Application to an ongoing dispute of the principle of reasonable time of appeal
  • Contractual transfer terms of a contract authorizing occupation of the public domain
  • Convention of occupation of the public domain: the appeal in dispute of the validity of the contract is obligatory!
  • The global mission of a partnership contract can not be subject to a conditional phase
  • Assistant to project management: the provision of lawyers does not subcontract!
  • Assessment of the complexity requirement of a project justifying the use of the partnership contract
  • The negligence of an owner with regard to the abandonment of waste on his land carries the qualification of "holder" of waste!
  • The environmental assessment of a planning document does not have to contain information about the projects it intends to authorize
  • Modification of the litigation system of the decisions of the National Commission for Commercial Development
  • Urban planning: new rules for litigation!
  • Reasons for notification of a town planning appeal
  • Between precautionary principle and usefulness of the operation, the Council of State chooses utility!
  • Polluted soil: who is responsible for the disposal of waste?
  • Assessment of the thirty-year prescription for classified installations
  • The temporarily incomplete nature of the public inquiry file on a PLU project does not automatically vitiate the prior administrative procedure
  • Clarification and simplification of the procedures for drawing up, amending and revising urban planning documents
  • Clarification on the concept of subdivision
  • Only one facility classified for two separate sites!
  • Precautionary principle and cancellation of planning decisions relating to the implementation of mobile telephone relay antennas
• Category : Marchés publics
  • Subcontractor: from when a request for direct payment to the client is no longer admissible?
  • Offer variant in adapted procedure: to read well its regulation of the consultation!
  • The direct payment action of a subcontractor: who has to pay?
  • Focus on raising thresholds for public procurement
  • Public and private candidacy: how to ensure a "fair" competition?
  • The lack of control of the financial capabilities of a candidate can be very expensive!
  • Companies: useful tips to enhance the application and offers!
  • Contract of private law subscribed by a municipality: absolute nullity in case of incompetence of the signatory!
  • Unspoken DGD and public procurement: first conviction by the State Council!
  • Contractual arrangements: we do not derogate from the jurisdiction of the administrative judge!
  • Unsuccessful candidates: compensation for damages that have a direct causal link with irregular eviction
  • Suspension recited: urgency to suspend a contract concluded by mutual agreement for unjustified technical reasons!
  • Calculation of damages suffered for contracts with purchase orders with and without minimums
  • Assessment of the utility of a request for extension of an expert measure
  • A letter requesting an increase in remuneration is not a complaint
  • Possibility of modifying the pricing rules by endorsement
  • The signing of the general and final settlement does not preclude the direct payment of a subcontractor
  • Abnormally low offer: an offer "considerably" lower than the estimated budget can be considered as suspect
  • The notion of the contracting authority and the limits of the "in house" exception
  • Clarification of the manifestly excessive nature of late penalties
  • Useful information on how to assess the condition of urgency to suspend the performance of a contract
  • Possibility of invoking for the first time in the case of appeal unjust enrichment
  • The selection of a variant resulting from a substantial modification of the basic offer being negotiated is illegal!
  • The loss of a grant and a critical financial situation may justify the termination of a public contract for reasons of general interest
  • The "Molière clause" imposing the use of French in public contracts is illegal
  • An appropriate publication is sufficient to trigger the appeal period of third parties against an administrative contract!
  • Third objection: warning: the contracting partner of the contracting authority is not represented by him
  • Decision not to renew an administrative contract: the contract judge has jurisdiction
  • The threshold of 25.000 € HT validated by the Council of State
  • Obligation to carry out soil studies before submitting bids
  • Contractual reference and adapted procedure contract: admissibility yes, cancellation no!
  • An application for expert review does not trigger the limitation period
  • Contestation of the general count: the referral of the judge to the interim relief court is a claim brought before the competent administrative tribunal within the meaning of the CCAG-Travaux
  • The action for excess of power of third parties against the detachable acts of the contract is not dead!
  • Ten-year guarantee: an expert judicial review has the effect of suspending the guarantee period, not interrupting it!
  • The creation of a union by communities transferring their jurisdiction does not constitute a public contract
  • Prohibition of construction access to a company in case of hidden work!
  • The exercise of an administrative appeal against a decision to terminate a contract does not have the effect of interrupting the period of litigation
  • A candidate who has committed a serious professional misconduct does not automatically have to be excluded from the procedure
  • Clarification of the "In House": an activity imposed by a non-shareholder public authority is not an in house activity
  • Is the offer of a bankruptcy company that has not provided the judgments irregular?
  • The termination of the contract at the expense and risk of the holder must be based on serious misconduct and mentioned in the bid remains
  • Rating of the price criterion: No consideration of the particular situation of candidates with regard to VAT
  • Incomplete references make the application irregular
  • Public Procurement: Possibility of Refusing to Disclose Documents That Could Affect the Fairness of a Trial
  • The use of the draw validated by the Council of State for the rating of the prize
  • Questioning of the responsibility of the representative of the owner by the holder of the contract
  • The desire to put an end to a dispute does not make it possible to derogate from the principle of the prohibition of substantial changes
  • The non application of a clause of tacit renewal of a contract of the public order can give rise to compensation
  • Co-contractors of the administration: do not wait to dispute a termination decision!
  • When the count has become final, the subcontractor can no longer act against the client
  • The client can transfer to a third party his action on the basis of the contractual guarantee
  • Auditors' market: can the contracting authority terminate the contract without going to the Commercial Court?
  • Can the contracting party of the administration terminate its contract?
  • When the abnormally low offer is invited to the cinema
  • Public market: termination statement and title of receipts: pay attention to the pitfalls of foreclosures!
  • Public procurement: new details on the communicable nature of the BPU of a public contract
  • Public contracts for legal services: Article 15 of Decree No 2016-360 of 25 March 2016 can not derogate from the law
  • Public procurement: the methods of calculating the indemnity in case of unjustified termination
  • The conditions for mentioning a manufacturing process in the specifications of a public contract
  • The offense of favoritism applies to public contracts formerly subject to the order of 6 June 2005
  • Before or after April 4, 2014: the same breach will be operative or inoperative .......!
  • Public procurement: the proof of the holding of the capacities of entities related to the candidate must be the widest possible
  • Public works contract: pay attention to the ratcheting effect of the final billing project!
  • The contractor can not be ordered to repair the workmanship himself
  • Delays in building sites and the responsibility of the owner: a review of case law
  • The owner can look for the responsibility of all the builders!
  • New thresholds for formalized procedures as of January 1, 2016 and new advertising notice forms!
  • Limitation of the grounds for exclusion to what is necessary to prevent the risk of agreements between candidates
  • Obligation to control the technical and financial capacities of candidates
  • Alternative solutions in public markets: a new opportunity for public buyers
  • Participation of public persons in public procurement: the rules to be respected
  • A subcontractor of an unsuccessful candidate can challenge the validity of a contract!
  • Cancellation of a public contract for suspicion of conflict of interest
  • No urgency to suspend the order n ° 2015-899 of July 23rd, 2015 relative to the public markets
  • Publication of the new thresholds for formalized procedures as of January 1, 2016
  • The Overseas Administrative Tribunals change their name!
  • Up to 25.000 € you can do what you want!
  • Unilateral amendment of the penalty system after the choice of the holder invalidates the market
  • Calculation of compensation for expenses incurred due to unforeseen constraints
  • As soon as the offer is irregular, the electronic signature must be established with certainty.
  • Absence of nullity of a contract providing for an effective date prior to its notification in breach of Article 79 of the Code des Marches Publics
  • Negotiation and variant in adapted procedures
  • The responsibility of the delegated project manager must be proven
  • Ten-year guarantee and public contracts
  • Legality of the criterion relating to the degree of conformity of tenders with the technical specifications of the CCTP- Duty of due diligence of the contracting authorities and of candidates who have been ousted during the procedure
  • Legality of the criterion relating to the composition of the dedicated team
  • An association under the 1901 law can not exercise surveillance activities
  • Formal notice to establish the general count of the market: a simple mail is enough!
  • Nature of the contract between a motorway concession company and a private person
  • Termination for reasons of general interest of an agreement concluded between two public entities:
  • Clarification on the assessment of the shortfall of a candidate improperly removed from a procurement procedure
  • Fixed-price contract: validity of a limitation clause of the owner's responsibility in case of errors tainting the business consultation file
  • Defects due to the lack of mention of these channels and delays of appeal that non-compliance with this period of suspension do not affect the validity of the contract
  • The definitive nature of the general statement of a contract is not of public order
  • Irregular eviction of a public contract and compensation for the damage suffered: the irregularity must be the direct cause of the prejudice suffered
  • MAPA: The publication on a website is considered insufficient!
  • Terms of settlement of a public contract terminated at the expense and risk of a defaulting party
  • Do not confuse the criteria for selecting canddatures and the criteria for judging offers
  • Exorbitant clause of common law and qualification of administrative contract
  • New obligations for candidates for public works contracts
  • How long does it take for a candidate to justify his abnormally low price?
  • Thematic file of the Council of State on the evolution of the dispute of the public order before the administrative judge
  • The period of favoritism can be constituted during the execution of the market!
  • Examination of the reasons for a declaration decision without continuation of a procedure
  • Judicial pre-contractual referral: a badly motivated rejection letter takes the irregularity of the proceedings
  • Report of the Committee of Inquiry into the terms of the legal and financial arrangements for the contract adopted for the implementation of the HGV eco-tax
  • Control of the owner on the claim claimed by the subcontractor
  • Arrangements for fixing the final remuneration of the supervisor
  • Modification of the remuneration of the supervisor in case of modification of the program
  • Payment of the premium even in case of cancellation of a design realization contract
  • Only a fault of sufficient gravity is likely to justify the termination of a public contract to the exclusive wrongs of the holder
  • An ambiguous offer can be considered an incomplete offer!
  • The Jury of competition must motivate its opinion under penalty of cancellation of the market!
  • Market subject to the order of 6 June 2005 and referred pre-contractual
  • Public market and local public company: a minority qualification does not allow the use of in house
  • Impossibility for the client to claim amounts not mentioned in the general and definitive account
  • The price criterion must reward the lowest bidder
  • Abnormally low offer: the verification of the supporting documents produced by the unsuccessful candidate
  • Abnormally low tender: the contracting authority must justify the rejection of an abnormally low tender
  • January 1, 2014: increase of the thresholds of the formalized procedures for the public markets
  • Compensation for the loss of chances of obtaining the signature of a contract because of the irregularities committed by the contracting authority
  • Determination of the damage in case of cancellation of purchase orders
  • Modulation by the administrative judge of the amount of the penalties in relation to the initial amount of the contract
  • The irregularity of the contract hinders the resumption of contractual relations
  • Application of the SMIRGEOMES case-law to recourse to the merits: the damage depends on the nature of the irregularities that vitiate the award procedure
  • What are the possibilities of exonerating the project manager?
  • What are the criteria for qualifying an offer as unacceptable in the financial plan?
  • Compensation rules for unsuccessful candidates in public markets
  • Framework Agreement: information to applicants on the criteria for awarding subsequent contracts.
  • Is the contracting authority obliged to weight the sub-criteria for judging the tenders?
  • Fixed-price contract: no compensation due to difficulties attributable to other workers on the site
  • Lack of publicity and competition for public domain occupancy agreements
  • Unsuccessful candidates: how to know the content of competing offers?
  • Abnormally low prices and public contracts: the public purchaser must ask the candidate for details in case of doubt about the price offered
  • The obligation to produce the contested decision applied to the Tropic!
  • Fight against late payments in contracts of the public order!
  • The minimum levels of capacity must be linked and proportionate to the purpose of the contract
  • The compensation for the damage suffered in case of nullity of the contract
  • Public contract and subcontracting: the subcontractor is not a party to the proceedings in a dispute between the main contractor and the owner
  • Contracts subject to the order of 6 June 2005: obligation to weight the criteria and sub-criteria for judging offers
  • The general and final settlement notified by the owner does not prohibit any subsequent claim including in case of reservations
  • What must the deliberation authorize the executive authority to subscribe a contract?
  • Contracts subject to the order of 6 June 2005: nullity of the contract concluded by an unauthorized authority
  • Public market and choice of the advertising medium: the interest of additional opinions for the markets higher than 90.000 € HT.
  • Public market and tacit renewal: illicitness of the contract born of a tacit renewal.
  • A public person can not favor a competitor's products!
  • Pitfalls to avoid when writing the complaint: the State Council provides very useful information to companies
  • Contract with purchase orders: each order may give rise to a final payment.
  • Public procurement: compensation for the consequences of delay in the performance of a contract
  • Public procurement: pay attention to the complaint complaint filed after DGD notification
  • The transaction is not contrary to the rules of public accounting and the principles of public order!
  • Public Procurement: Compensation for additional non-service orders
  • Public procurement: how the mutual representation of members of a group of companies may cease during the course of the proceedings
  • Public procurement: reminder of the principle of the prohibition against public persons to grant gifts in public contracts, including in the event of termination
  • Public Procurement: No late penalties for additional work not completed in the absence of a change in the contract execution schedule!
  • Public procurement: noise pollution and decennial liability of manufacturers
  • Public Procurement: Public Representation by Lawyers: Pitfalls to Avoid!
  • Public markets: the administrative judge controls the risk of conflict of interest when awarding a public contract!
  • Public procurement: the quality of the ousted competitor is recognized by any company that has an interest in concluding the contract even if it did not participate in the procedure!
  • Order for an injunction: the judge hearing the application for interim relief may order the contracting party to respect its contractual obligations!
  • Adapted procedure contracts: disciplinary sanction in case of unlawful splitting of orders!
  • Government Procurement: the accountant does not have the power to judge the legality of purchase orders.
  • The intermunicipal agreement agreements are outside the scope of the public order
  • Service and Supply Contracts: The Rules for Submitting a Claim Brief
  • The contracting authorities' requests for clarification: the pitfalls to avoid in order to avoid having your tender declared irregular!
  • All about the project management contracts awarded according to the adapted procedure
  • The new terms of referral to CCRA- public procurement lawyer
  • An organization subject to the order of 6 June 2005 may be guided by the procedures provided for by the Code des Marches Publics without the relevant markets being subject to such regulations.
  • Assessment of the professional capacities of a candidate to execute a public contract
  • Disorders that appear during the execution of the work can not engage the decennial responsibility of the builders. In other words, the ten-year guarantee can only concern defects that are not apparent when the works are received.
  • A contract canceled due to fault of the administration must give rise to compensation of the holder of the contract
  • The simple communication of the scores obtained for each criterion is not worth motivation!
  • The absence of allotment of benefits without serious justification invalidates the market
  • Freedom of access to public procurement and discriminatory nature of technical requirements
  • Modification of the consultation file during the procedure and the obligation to advertise and put in competition
  • Negotiated markets and negotiations: what are the rules to follow?
  • Failure to comply with the advertising and competitive bidding measures does not constitute an irregularity of such gravity that the judge must dismiss the contract to settle the dispute
  • Requalification of a convention of organization of a festival in public market
  • The subcontractor who has been accepted and whose terms of payment have been approved by the owner, can be paid directly by the main contractor
  • CE Opinion of May 11, 2011, Sté REBILLON SCHMIT PREVOT, No. 347002
  • Service contract termination statement: what is the procedure to follow?
  • Compensation rules to be respected in case of unilateral termination of the public contracting party
  • Public procurement: obligation to control the capacities the technical and professional financial capacities of the candidates
  • Adapted procedure market: what are the limits of negotiation?
  • The contracting partner of the administration can now contest the decision to terminate his contract
  • Subcontracting and direct payment: the State Council reinforces the payment guarantees of the subcontractor!
  • From what threshold can we consider that an endorsement upsets the general economy of the contract? Should we assess the increase per lot or in relation to the total amount of the transaction?
  • The Council of State recalls the rules applicable to judicial expertise.
  • Termination and substitute market
  • Is the holder of the contract obliged to continue the performance of a contract resulting from a tacit renewal clause?
  • Update on outsourcing in public procurement
  • Responsibility of the delegated project owner
  • Claims procedure applicable to public service contracts
  • A public person can be sentenced to "competitive" damages!
• Category : Référé pré-contractuel & Contractuel
  • New Juridical Precisions on the Definition of an Irregular Offer
  • Irregular offer: the need to draft a regulation for consultation
  • Control of access to the public control of public operators
  • On the possibility of setting the maximum amount of a framework agreement to purchase orders during the procedure!
  • The abnormally low nature of an offer is appreciated in a global way!
  • A public insurance contract including a legal protection clause: liability insurance or legal protection insurance?
  • Irregular rejection of the company's offer for which the judicial reorganization plan provides for a duration of settlement of the liability less than the duration of the contract
  • Sanction with variable geometry of the rupture of equality between the candidates!
  • Irregularity of a criterion of geographical location having discriminatory effects!
  • Urban furniture contract: confirmation of the qualification of service concession!
  • The lack of indication of the personnel assigned to a service makes the offer irregular!
  • Open invitation to tender: the regularization of an irregular offer is a simple faculty!
  • The firm obtains the rejection of the pre-contractual summary against the procedure of attribution of the audioguide market of the Château de Versailles!
  • Irregularity of procedure in the absence of a decennial liability insurance certificate!
  • A financial offer equal to the purchase price of the supplies is not sufficient to characterize an abnormally low offer!
  • Concession of operation of airlines: the obligation to respect the main principles of the public order
  • Sanction of unjustified use of the competitive dialogue procedure
  • Terms of compensation for damages suffered in the event of cancellation of the contract by the judge of the contractual representative
  • Public procurement of street furniture: failure to comply with local advertising regulations leads to the cancellation of the procedure!
  • Public buyers must evaluate the completeness of an offer!
  • Pay attention to the method of rating the price criterion!
  • An offer suspected of being abnormally low must be rejected in the absence of justification!
  • When a judge of pre-contractual interim measures considers himself a legislator and questions the right to a judicial remedy
  • The importance of checking the notifications of "Télérecours" before signing the contract
  • Communication of documents versus business secrecy in pre-contractual proceedings: towards better control of the judge
  • The dangers of offering services at 0 €!
  • In which cases must the contracting authority require the production of supporting documents?
  • Pre-contractual referral: pre-contractual judge's review of the competence of a private candidate to perform the services of a public contract
  • New details on the extent of the pre-contractual judge's review
  • Scoring of tenders on the basis of a technical characteristic: obligation of the contracting authority to require supporting documents
  • The public purchaser is required to control the technical and financial capacities of the candidates including when it is a recent company
  • Validation of the clause "I reserve the right to negotiate" episode 1
  • Pre-contractual judge's review of the candidacy of public persons
  • The principles of allotment apply to control groupings
  • A rating method is tainted with illegality if it is such as to deprive the evaluation criteria of the offers of tenders or to neutralize their weighting.
  • New methods of controlling the absence of allotments and the use of the competitive dialogue procedure
  • The contracting authority may use the results of technical tests as a criterion for judging the technical value of tenders.
  • The mention of an incorrect stand-still time before the signing of the contract is worthless.
  • The pre-contractual judge has the power to review the reasons for rejecting an application. The reason given for the absence of professional references relating to the performance of contracts of the same nature can not, on its own, suffice to justify the
  • Prohibition to award the contract to an offer which remains irregular at the end of the negotiations
  • Assessment of the period during which performance of the services of a public contract begins
  • Reinforcement of the obligation of information of the candidates on the conditions of selection of the candidatures
  • A candidate may refer the matter to the pre-contractual judge even if he does not take part in the procedure
  • Obligation of the contracting authority to communicate the scores obtained for each criterion but also for each sub-criterion for judging the offers
  • Distinction of Public Procurement and Occupancy Agreements in the Public Domain
  • The mistrust of the variants is not sufficient to demonstrate the lesion
  • An electronically unsigned undertaking act makes the offer irregular
  • Vigilance vis-à-vis the method of scoring offers!
  • The candidate's experience does not justify an abnormally low tender!
  • Conflict of interest and public contract: the Council of State opts for an "operational" approach
  • The pre-contractual judge can see the absence of a candidate's capacity!
  • Pre-contractual referral: the burden of proof is on the applicant
  • Irregular recourse to the adapted procedure is likely to harm a candidate
  • The planning of the purchase by the contracting authority must respect the equality of the candidates
  • The contractual referee is not open to those who have not been prevented from making a pre-contractual referral
  • Prohibition to bid on company directors
  • Limitation of documents and information required of candidates
  • Obligation to allot the markets of legal services!
  • Application of a company placed in receivership
  • Negotiations: Applicants must have the same deadline to submit their offers
  • Pre-contractual referral: the contracting authority is required to verify the applicants' financial, technical and professional capacities
  • Interest of notification of the contractual referent to the risk of inadmissibility of the contractual referent
  • Unacceptable Offer and Contracted Referral
  • Instructions for use of the contractual summary for the DSP
  • The pitfalls of the DC 2 form: the judge settles the debate launched a year ago!
  • Absence of injury for a candidate whose offer is ultimately irregular even if it has been analyzed by the contracting authority
  • Pre-contractual referral: awarding a contract without advertising and without prior call for competition to a specific service provider for reasons relating to the protection of exclusive rights
  • MAPA: can we negotiate with an inadmissible or insufficient candidature?
  • Rationale for using a criterion that imposes a technical specification
  • The judge controls the minimum levels of ability required of candidates
  • The judge of pre-contractual recourse must uphold the adversarial principle
  • Examination by the judge of the pre-contractual summary of the regularity of the criterion of professional insertion of the public in difficulty
  • Incomplete BPU makes the offer irregular even though the price elements can be deduced from other parts of the bid
  • Examination by the judge of the pre-contractual summary of the choice of the procedure used
  • Pre-contractual referral and freedom of access to public order
  • Prohibition of using as a criterion or sub-criterion for judging offers a criterion for the admissibility of applications
  • Competition procedure: no obligation to weight the criteria for judging the offers
  • Possibility to limit the number of lots likely to be awarded to the same candidate
  • Pre-contractual referral: the legality of the bidding method which awards the maximum number of points to the candidate offering the best bid.
  • Jurisdiction of the judge of the pre-contractual summary to verify the regularity of the method of rating the offers
  • Pre-contractual referral: no injury for a candidate whose offer is ultimately irregular.
  • Jurisdiction of the judge of the pre-contractual summary to verify the validity of the use of a criterion or a sub-criterion of judgment of the offers
  • Pre-contractual referral and equality between the candidates: the control of the respect of the rule of the incompatibility of the activity of technical control with the organisms exercising a activity of design, execution or expertise in the field of the co
  • Public procurement and tendering of tenders: the contracting authority must respect the rules laid down in the specifications.
  • Pre-contractual referral and dematerialization: the contracting authority is not required to check whether the candidate has received his e-mails.
  • Pre-contractual referral and sincerity of the candidates' statements: The choice of a candidate's offer based on false declarations infringes the principle of equal treatment of candidates.
  • Pre-contractual referral and public contract: the contracting authority is never required to invite candidates to specify or supplement the content of their offers
  • Pre-contractual referral and criteria for judging tenders: obligation of weighting or ranking according to the type of procedure
  • Pre-contractual referral: being a candidate for a lot does not generate any rights on the other lots!
  • Pre-contractual referral: the irregularity of a single lot does not lead to the overall cancellation of the market!
  • Adapted procedure markets: an internet advertisement may in some cases be considered sufficient!
  • Public procurement: the authorization given to candidates to submit variants different from those initially authorized during the procedure does not constitute a substantial change
  • Adapted procedure contracts: Failure to comply with the minimum period of suspension in the rejection letter renders the person referred to in the contract admissible
  • Adapted procedure contracts: the absence of publication of the notice of intention to conclude the contract renders the contractual referent admissible!
  • Pre-contractual referral and public contract: the Council of State promotes access to public markets for newly created companies!
  • Pre-contractual referral: an irregularly selected application may harm a competitor, regardless of its ranking!
  • Pre-contractual referral: the limits of information of unsuccessful candidates!
  • Pre-contractual referral: the absence of an indication of the payroll of the staff to be taken back causes the nullity of the procedure!
  • Pre-contractual referral: the pre-contractual judge can not annul the procedure in any case!
  • Pre-contractual referral: an unauthorized variant makes the offer irregular!
  • Pre-contractual referral: candidates must have the same information to develop their technical and financial offer!
  • Abnormally low offer and pre-contractual judge's review: an offer can not be regarded as abnormally low simply because it does not include the full cost of employee recovery.
  • An application can not be rejected simply because of the absence of a certificate of professional qualification required by the consultation rules!
  • The successful bidder is not likely to be harmed by breaches of the advertising and bidding rules. On the other hand, it can withdraw its offer before the conclusion of the contract.
  • Adapted procedure contract: can the contracting authority freely choose the candidates with whom it wishes to negotiate?
  • Contractual reference: reminder of the conditions for bringing an action before the judge hearing the application for interim measures
  • Pre-contractual referral: an unsigned offer must be declared irregular - a price decrease of close to 66 % justifies the award of a global contract instead of an alloti market
  • Distinction between contracting entity and contracting authority
  • The procedures for implementing the criteria for judging the offers can be specified in the technical framework given to the candidates to submit an offer.
  • Pre-contractual referral: conflicting consultation documents are likely to lead to the annulment of the procedure
  • Pre-contractual and contractual referee: the ousted candidate has every interest in notifying his / her summary to the contracting authority
  • Can a candidate for a public contract, on his own or at the invitation of the contracting authority, rectify a purely material error that taints his BPU?
  • A candidate is likely to be harmed by the admission of an irregular offer
  • Pre-contractual referral: how to calculate the standstill period before the signing of the contract?
  • In the context of a MAPA, can we accept as criteria for judging offers a criterion for the admissibility of applications?
  • Pre-contractual referral and sub-criteria for judging tenders: Should the bid evaluation sub-criteria be weighted?
  • Contractual referent and unsuccessful candidates: the obligation to inform clearly the candidates who have been dismissed of the standstill deadline for the irregularity of the procedure!
  • Pre-contractual referral and communication of the reasons for rejection of an application or an offer: the errors which taint the rejection letters have no influence on the regularity of the procedure
  • Pre-contractual referral and control of candidates' professional, technical and financial capacities
  • Adapted procedure contract: the lack of information of unsuccessful candidates is grounds for canceling the contract!
  • Adapted procedure contract and equality between candidates: the criteria for judging tenders must not have the effect of favoring a candidate!
  • Pre-contractual referral: Candidates for a public contract must have precise information concerning the date of completion of the works
  • Pre-contractual referral: a contracting authority can not compel candidates to submit an offer for all lots on the market
  • The regulation of the consultation of a public contract is obligatory in all its mentions: the contracting authority is thus obliged to exclude all the candidates who do not respect one of the prescriptions imposed by this document
  • Contractual reference: signing the contract during the suspension period can be expensive!
  • Is the contracting authority obliged to inform the candidates of the payroll of the staff to be taken back?
  • Can the judge of the pre-contractual injunction order the cancellation and / or the complete resumption of the procedure whatever the breach invoked?
  • Adapted procedure contract: in which cases can a contractual representative be introduced?
  • Can a contracting authority ask the candidates to complete the CCTP of a contract? Can such a request be assimilated to a variant?
  • Can we admit an offer that does not meet the formalism of the regulation of consultation in a public contract?
  • Failure to comply with the obligation laid down in Article R 551-1 of the Administrative Justice Code renders the pre-contractual summary inadmissible?
  • Can a company in receivership bid for a public contract?
  • Pre-contractual referral: how can an applicant be wronged by the irregular admission of an application at any stage of the procedure?
• Category : Slider accueil
  • Terms of indemnification for additional works and call for guarantee by the prime contractor
• Category : Uncategorized

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