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
CE 19 October 2012, National School of Social Security, Req. No. 361459
Rule n ° 1:
According to the article L.111-25 of the code of the construction and the housing "the activity of technical control which is subjected to approval is incompatible with the exercise of any activity of design, execution or expertise of a book ". It follows from these provisions that the legislature intended to prohibit any participation in design, execution, or work appraisal activities of natural or legal persons authorized by the technical control of a structure.
Rule n ° 2:
The contracting authority may not reject a candidate's proposal on the grounds of incompatibility, provided for in Article L. 111-25 of the Construction and Housing Code, on the sole ground that it is part of a group of companies in which one of the members has an approval as a technical controller for the award of an expertise contract in the construction field and not a technical inspection services contract.
Warning : the solution would certainly be different if the subject of the contract consisted of technical inspection services. In this hypothesis, on the one hand, only the candidates benefiting from an approval could have been retained; on the other hand, the rule of incompatibility referred to in Article L.111-25 of the Code of Construction and Housing could certainly have played ...