Un candidat est susceptible d'être lésé par l'admission d'une offre irrégulière

A candidate is likely to be harmed by the admission of an irregular offer

by gmorales 21 September 2011 | Category: Pre-contractual & Contractual referral
Un candidat est susceptible d'être lésé par l'admission d'une offre irrégulière Un candidat est susceptible d'être lésé par l'admission d'une offre irrégulière

CE 21 September 2011, Department of Haute-Savoie, req.no. 350153

Rule n ° 1:

The "irregular" admission of an application or an offer is likely to distort the competition and this whatever the stage of the procedure if the candidate is declared a winner of the contract. In fact, the fact of noting an offer which should never have been examined by the contracting authority since its application or tender had to be rejected is liable to distort the equal treatment of the candidates.

Rule n ° 2:

In the context of its full-fledged review, the pre-contractual judge has jurisdiction to verify the reasons for the exclusion of a candidate with regard to the requirements of the specifications (EC 10 November 2010, Minister of Defense, Req. No. 341133, EC April 28, 2006, SABTP, Req. No. 286443). He is also competent to check the reasons for admission of a candidate. However, once the irregularity is found, it is still necessary for the means to be operative that the applicant company is able to demonstrate that this irregular admission is likely to have harmed it even at the stage of judging the tenders (SG 3 October 2008, SMIRGEOMES, Req. No. 305420). This is the case if the applicant could have been declared successful instead of the one who made an irregular offer.

Rule n ° 3:

It is not the function of the Pre-Trial Judge to order the cancellation and / or the complete resumption of the proceedings. Such a request can not succeed before the Pre-Trial Judge since it is not provided for in any text and exceeds its powers. In a judgment of 12 January 2011, the Department of Doubs, the Council of State has already had the opportunity to recall this rule (CE 12 January 2011, Department of Doubs, n ° 343324).