French Public procurement code
In forceFor the application of the regulatory provisions of Book I in Saint-Pierre-et-Miquelon :
1° In Article R. 2111-9:
a) 2° is deleted ;
b) In 5°, the words: "other technical standards drawn up by European standardisation bodies, or, in their absence," are deleted;
2° In Article R. 2122-1, references to Articles L. 184-1, L. 511-11, L. 511-15, L. 511-16 and L. 511-19 to L. 511-21 of the French Construction and Housing Code are replaced by references to locally applicable provisions having the same purpose;
3° The last paragraph of article R. 2122-2 is deleted;
4° In 5° of article R. 2124-3, the word "European" is deleted;
5° Article R. 2131-1 reads as follows:
"Art. R. 2131-1 -The purchaser may make known his intention to award a contract by the publication, for the contracting authority, of a prior information notice or, for the contracting entity, of a periodic indicative notice. " ;
6° Article R. 2131-2 reads as follows:
"Art. R. 2131-2. -The notices mentioned in Article R. 2131-1 are published either in the Official Journal of Saint-Pierre-et-Miquelon or on the contracting authority's buyer profile. " ;
7° In Article R. 2131-5, the words: " under the conditions provided for in Articles R. 2131-19 and R. 2131-20" are deleted;
8° In Article R. 2131-8, the words: "of the European Union under the conditions provided for in Articles R. 2131-19 and R. 2131-20" are replaced by the words: "of Saint-Pierre and Miquelon. " ;
9° Articles R. 2131-12 and R. 2131-13 are replaced by the following provisions:
"Art. R. 2131-12 -For contracts awarded in accordance with an adapted procedure, the purchaser is free to choose the advertising methods best suited to the characteristics of the contract, in particular the value and nature of the works, supplies or services in question;
10° In Article R. 2131-15 :
a) The words: "in accordance with the model laid down by the European Commission Regulation establishing standard forms for the publication of notices in connection with the award of public contracts" are deleted;
b) The words: "of the European Union under the conditions set out in articles R. 2131-19 and R. 2131-20" are replaced by the words: "of Saint-Pierre-et-Miquelon. " ;
11° Article R. 2131-16 reads as follows:
"Art. R. 2131-16 . -For contracts awarded in accordance with one of the formalised procedures listed in articles R. 2124-2 to R. 2124-6, the purchaser shall publish a contract notice either in the Bulletin officiel des annonces des marchés publics, or in the Journal officiel de Saint-Pierre-et-Miquelon, or in a newspaper authorised to carry legal advertisements. " ;
12° Article R. 2131-17 is deleted;
13° Article R. 2131-19 is deleted;
14° Article R. 2131-20 is deleted;
15° Article R. 2132-2 is worded as follows:
"Art. R. 2132-2 -The consultation documents in paper format are made available to economic operators free of charge. They may be made available online on a buyer profile from the time of publication of the invitation to tender in accordance with the procedures set out in the appendix to this code. The address of the buyer profile on which the consultation documents can be accessed is indicated in the notice or, where applicable, the invitation. " ;
16° Article R. 2132-4 reads as follows:
"Art. R. 2132-4 -Where the call for tenders is made by means of a prior information notice or a periodic indicative notice, access to the consultation documents is offered from the time the invitation to confirm interest is sent.
"Where the call for tenders is made by means of a notice on the existence of a qualification system, such access shall be provided as soon as possible and no later than the date on which the invitation to tender is sent. " ;
17° Article R. 2132-5 is deleted;
18° The first paragraph of Article R. 2132-7 is replaced by the following provisions:
"In all procurement procedures, communications and exchanges of information may be made either on paper or electronically. " ;
19° Articles R. 2132-11 and R. 2132-12 are deleted;
20° Article R. 2132-13 is replaced by the following provisions:
"Art. R. 2132-13 - For each stage of the procedure, candidates and tenderers shall apply the same method of transmission to all the documents they send to the purchaser. " ;
21° Article R. 2143-4 is deleted;
22° The first paragraph of article R. 2143-7 is worded as follows:
"Applicants established in the local authority produce the certificates issued by the competent local authorities and organisations. The taxes, levies, contributions or social security contributions listed in the order annexed to this code are replaced, where necessary, by the taxes, levies, contributions or social security contributions with the same purpose applicable locally. " ;
23° Article R. 2143-15 is deleted;
24° In article R. 2151-13, the words: "within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises" are replaced by the words: "which employ fewer than two hundred and fifty people and whose annual turnover does not exceed 50 million euros or whose annual balance sheet total does not exceed 43 million euros";
25° In Article R. 2151-14, the words "Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products, and repealing Council Regulation (EEC) No 339/93" are replaced by the words "the national rules in force";
26° In article R. 2152-4, the words "by European Union law" are deleted;
27° Article R. 2152-5 is deleted;
28° In article R. 2162-23, the reference to the Prefect is replaced by the reference to the representative of the State;
29° Article R. 2162-28 reads as follows:
"Art. R. 2162-28. -In order to set up a qualification system, the contracting entity shall publish a notice of the existence of such a system in the Journal officiel de Saint-Pierre-et-Miquelon. This notice shall mention its purpose, its duration and the procedures for accessing the rules governing it. " ;
30° Article R. 2162-29 reads as follows:
"Art. R. 2162-29. -The contracting entity shall notify the Journal officiel de Saint-Pierre-et-Miquelon of any change to the duration of the system using :
" 1° A notice of the existence of a qualification system when its period of validity is changed without it being terminated ;
"2° An award notice when the system is terminated. " ;
31° Article R. 2162-36 is deleted;
32° Article R. 2162-40 is worded as follows:
"Art. R. 2162-40. -When the estimated value of the requirement is equal to or greater than the formalised procedure thresholds, the purchaser shall notify the Official Gazette of Saint-Pierre-et-Miquelon of any change in the period of validity of the dynamic purchasing system using :
"1° The form used for the invitation to tender for the dynamic purchasing system when the period of validity is changed without the system being terminated;
"2° An award notice when the system is terminated. " ;
32° bis In Article R. 2172-2, references to Articles L. 411-2 and L. 481-1 of the Construction and Housing Code are replaced by references to locally applicable provisions having the same purpose;
33° In articles R. 2172-15 and R. 2172-18, the words: "regional director of cultural affairs" are replaced by the words: "director of social cohesion, work, employment and population" and the words "regional prefect" by the words: "State representative";
34° Article R. 2183-1 reads as follows:
"Art. R. 2183-1. -For contracts fulfilling a need for an amount equal to or greater than the European thresholds published in the Journal officiel de la République française, the purchaser shall send for publication, within a maximum period of thirty days from the signing of the contract, an award notice in the medium that was primarily used for prior advertising. " ;
35° Article R. 2183-2 is deleted;
36° Article R. 2184-6 is deleted;
37° Article R. 2184-11 is deleted;
37° bis The second paragraph of Article R. 2192-3 is only applicable if the holders of contracts or their subcontractors eligible for direct payment choose to send their invoices in electronic form;
38° The last paragraph of Article R. 2194-10 reads as follows:
"This notice is published in the medium that was primarily used for prior advertising. "
39° Saint-Pierre-et-Miquelon may come under the jurisdiction of an inter-regional or inter-departmental committee provided for in Article R. 2197-3.
