French Public Health Code
In forceI.-The adapted procedure is the procedure by which the National Council freely defines the terms and conditions for awarding the contract, in compliance with the principles set out in article L. 4122-2-1, with the exception of those relating to the obligations inherent in a purchase under a formalised procedure.
II.The National Council may award a contract using an adapted procedure:
1° When the estimated value of the requirement, excluding taxes, is less than the European thresholds defined, for local authorities and other public purchasers, in b of I of appendix no. 2 of the Public Order Code;
2° When a batch of an allotment contract, the total value of which is equal to or greater than 25,000 euros excluding taxes, meets the following conditions:
a) The estimated value of each lot concerned is less than 80,000 euros excluding tax;
b) The aggregate value of these lots does not exceed 20% of the total estimated value of all the lots;
3° A contract for social services and other specific services, within the meaning of 3° of article R. 2123-1 of the French Public Procurement Code, regardless of the estimated value of the requirement;
4° Where the subject of the contract is one or more of the legal services referred to in 4° of Article R. 2123-1 of the French Public Procurement Code, regardless of the estimated value of the requirement.
To determine the procedure applicable when the contract has different subjects, the rules set out in articles R. 2123-2 and R. 2123-3 of the Public Order Code are applied.
III - When the National Council uses the adapted procedure, it determines the terms and conditions on the basis of the nature and characteristics of the need to be met, the number or location of the economic operators likely to meet it and the circumstances of the purchase.
Where the national council provides for negotiation, it may award the contract on the basis of the initial tenders without negotiation, provided that it has indicated that it reserves this option in the consultation documents.
Where the procedure expressly refers to one of the formalised procedures, the national council is obliged to apply that procedure in full.
When awarding a contract referred to in 3° of Article R. 2123-1 of the Public Procurement Code, the National Council shall take account of the specific characteristics of the services in question. In particular, it shall ensure the quality, continuity, accessibility, affordability, availability and completeness of the services, the specific needs of different categories of users, including disadvantaged and vulnerable categories, the participation and involvement of users, and innovation.
