Pre-contractual referral: how to calculate the standstill period before the signing of the contract?
Rule n ° 1:
The provisions of article 80 of the Code des Marches Publics impose on the contracting authority a minimum period of time between the date of notification of the rejection letter and the date of signature of the contract:
- 16 days if the notification is done by letter AR;
- 11 days if the notification is by fax or email;
The contracting authority can not sign the contract with the successful firm and then inform the unsuccessful candidates of the rejection of their tenders. He must wait for a period of 16 days or 11 days before signing the contract.
Rule n ° 2:
The starting point of the deadline is the date of receipt by the unsuccessful candidate of the information of the rejection. The computation of the delay takes place from date to date.
Rule n ° 3:
According to Article L. 551-14 of the Administrative Justice Code, the contractual intermediary is not open to the applicant who has made use of the contractual referral once the contracting authority has complied with the suspension provided for in Article L. 551-4 or Article L. 551-9. In other words, the contractual referee is not open to candidates who have made use of the pre-contractual summary, either within the period of suspension or after its expiry, when the contracting authority has complied with the obligation to suspend the signature of the contract imposed on him.