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The selection of the candidate

The selection of the candidate

Once sent, the application is opened by the appeal board offers (CAD). Beware if, within a restricted tender, the first envelope contains elements relating to the offer, which must be included in the second envelope, CAD may be required to reject the application of the company. Whether it's a call for open or restricted tender, candidates are not allowed to bid opening session that is not public.


At this stage the candidate should avoid a number of trap

The CAO is required to eliminate or give a notice to that effect to the contracting authority for government contracts, applications that are not supported by evidence as required by sections 43 to 45 of the Public Procurement Code or do not have the technical and financial guarantees sufficient.

CAD has a broad discretion in considering collateral and thus, in the establishment of the list of candidates invited to submit a tender. It should therefore be cautious in building your case.

It was thus deemed entails the nullity of the contract for lack of consent to the fact the company that won the contract to be presented during the phase of selection of candidates, fake qualification certificates (CAA Paris, 23 November 2004)

The evaluation of tenders

When the application is accepted, the offer is finally analyzed. The public purchaser has a wide discretion as to the criteria that will base their choice and their hierarchy, with the aim to choose the most economically advantageous tender.

It is this idea to keep in mind when the candidate meets a tender.

Anyway, to determine the most economically advantageous tender, Article 53-I of the Procurement Code states that the Authority is based on a plurality of non-discriminatory criteria pertaining to the subject- which include:

the qualiité
technical merit
aesthetic and functional characteristics
performance in terms of environmental protection
performance in terms of employability of people in difficulty
the execution or delivery
aesthetic and functional characteristics
the overall cost of use
the innovative nature
after-sales service
technical assistance
the date of delivery.
Public authorities are encouraged by the Procurement Code to choose a set of criteria to determine their choice, rather than a single (including the price). The public authority may also add other criteria mentioned in the Procurement Code when they are taken in the interest of the market, such as the geographic criterion, the criteria encourage SMEs aesthetic criteria, etc..

The candidate must also be alert to the criterion of social well-called. That is because the legislature has introduced the performance criterion for employability of people in difficulty.


That is why it is also important to observe the possible ecological and those linked to notions of fair trade criteria.

So what on many criteria decided to award a public contract, not only on the criterion of the lowest price.

Note that these criteria can be weighted and prioritized, so we must be particularly vigilant and consider.

Many responses to tenders end up in the category of improper offers, irregular or unacceptable. That is why special attention should be paid to the tender documents.

Also note that the ALTs to detect, in general, a very good offer on the financial plan and stands largely bids submitted by other candidates and are therefore rejected.

It is not enough to sacrifice price for a public market. For example:

    was judged to be abnormally low, the supply of which the coefficients of the margins of the company are too low and the price of supplies is not supported by suppliers (TA Lyon, 30 Jan. 1997).
     There is also abnormally low offer, when the low prices offered from the current market without supporting documentation can be likened to a sale at a loss (TA Lille, September 7, 1993).

The successful candidate in fine, is the one who responded to the needs of the buying public.

Information of unsuccessful candidates

Whether the open tender or restricted tender, the procurement code, requires the Authority, when he made his choice on the candidates, to notify all other candidates for rejecting their application indicating the reasons for the rejection.

A period of at least ten days must elapse between the date of mailing of the notification and the date of conclusion of the contract. Thus, the unsuccessful candidates may apply to the judge of the pre-contract referral for breach disclosure requirements and competitive bidding.

the contracting authority must also inform candidates who so request of the grounds for the rejection of their offers. Otherwise, the procurement process is interrupted if the applicant appealed to the Administrative Judge of a pre-contract referral. This is also the date of notification of the rejection of the unsuccessful candidates who will run ten days before sign the contract.

The development of market

Sometimes the contract market has some errors. In this case, the Procurement Code has provided between contract award and signature, a procedure developed to improve the agreement between the parties to the contract. It is therefore possible to introduce into the Convention adjustments, corrections or clarifications justified by common sense, such as errors in price, the adaptation of the schedule, material substitution, etc.. This development must be written, appended to the original offer and within a reasonable time. Do indeed take advantage of this opportunity to violate the requirements of the rules of competition. Finally, the development must not have the effect or purpose of changing the essential characteristics of the offer for.

The waiver


At any time, the Authority has the option to withdraw from the contract. However, this possibility must be justified by the public interest even if it is discretionary. If the waiver is consistent with the requirements of the Procurement Code and general interest grounds, then the responsibility of the Authority shall not be liable.

The administration is free to launch a new tender procedure.

Publié le 01/08/2013


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