Pre-contractual referral and criteria for judging tenders: obligation of weighting or ranking according to the type of procedure
Rule n ° 1:
The contracting authority must indicate the criteria for awarding the contract and the conditions for their implementation (the sub-criteria) in the public call for tender or the specifications kept at the disposal of the candidates. .
Rule n ° 2:
In the formalized procedures, the contracting authority is required to weight the criteria for judging the offers unless impossible. In non-formalized procedures, the Conseil d'Etat considers that the contracting authority is free to weight or rank the criteria for judging tenders.
Rule n ° 3:
The Conseil d'Etat also considers that the contracting authority may grant the selection criteria for tenders the same importance (example: price criterion: 50 % and technical merit criterion: 50 %). It follows that a procedure which does not indicate the weighting or ranking of the criteria is irregular and that this irregularity is such as to harm each candidate who is uncertain about the actual expectations of the contracting authority.