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Public contracts - methodology

Practical data sheets

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Practical data sheets

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Practical data sheets

The aim of these practical sheets is to explain procurement procedures with the aim of facilitating the steps to be taken by any business wishing to work with the french Ministry of efense.

They set out the main stages of these procurement contracts making clear the points that are particular to them.

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Declare ones intention to bid

Before gaining access to public contracts, any company must first find out the needs expressed by the administration and then, if it so desires, submit its candidature. It must also be aware that such a submission must be made within strict time  (…)

Meeting deadlines

The time periods and deadlines indicated in a contract are contractual time periods or end dates for the execution of the work to which the contractor is committed. Non-compliance with these periods or dates by the contractor incurs sanctions  (…)

Types and formats of contract prices

The initial price is the one in the contract and set under the contract’s base economic conditions. The settlement price is the initial price with the economic variations applied, along with VAT, sums introduced by addenda, penalties,  (…)

Financing, settlement and payment

The same rules apply to a contractor and to sub-contractors who are paid directly. Basic principle : Payments can only be made on recognition of services provided. Only exception: advance payments.

Contract review and validation

Before formal notification to the contractor, DGA contracts are checked by various organisations. The nature of this control varies according to the purpose and value of the contract.

Financing, settlement and payment

The same rules apply to a contractor and to sub-contractors who are paid directly. Basic principle : Payments can only be made on recognition of services provided. Only exception: advance payments.

Candidate selection

The principle is to open the call for tenders to any applicant, provided he provides all the necessary guarantees of integrity and solvency. The administration must therefore, prior to their selection, check that applicants are not prohibited  (…)

Dematerialisation of the solicitation procedure

Article 56 of the public contracts code allows for the electronic exchange of any information arising under this code. The two portals (ixarm.com and achats.defense.gouv.fr) make it possible to carry out solicitations without resorting to the  (…)

Standard bid content

For all draft contracts preceded by a call for tenders, whatever the method used to award the contract and irrespective of whether or not the project has been advertised, the administration issues a set of documents to those applicants  (…)

Classification and selection of bids

The administration must examine each tender, and compare it with all the other tenders. Selection must be based on objective criteria, associated with the purpose and conditions for execution of the contract. The authority with delegated powers  (…)

Contractual documents

There are two types of contractual document : 1) Special documents Deed of commitment This is raised in one original copy, and signed by the contract supervisor and the contractor. Special administrative clauses (CCAP) This document sets  (…)

Signature and notification

Bidders prepare a commitment document, accompanied by CCAP and CCTP contractual conditions, containing the principle administrative, technical and financial data comprising the tender. The tender must be signed by the person authorised to commit  (…)

Joint contracting

The contract supervisor (PRM) can award a contract to several suppliers. The Public Contract Code (CMP) gives companies the right to submit grouped applications to candidatures or tenders. Said companies then constitute a "temporary consortium"  (…)

Subcontracting

The reference texts on this subject are the law of 31/12/75 (immediate measures for economic and financial reform) modified by the law of 11/12/2001 called "MURCEF law" and Articles 112 to 117 of the CMP. Sub-contracting involves a triangular  (…)

Split contracts

When the rate and extent of the requirements to be satisfied cannot be fully described in a contract for economic, technical or financial reasons, the government agency can award subdivided orders in the form of a contract with individual purchase  (…)

Management requirements

The management specification defines the relationships (exchanges of information) between the project manager and the manufacturers. It details the requirements with which suppliers must comply in connection with programme coordination,  (…)

Acceptance

Definition Acceptance is an essential stage in the life of a contract. On completion of certain items, each tranche or the complete contract, the Administration, either alone or jointly with the contract-holder, conducts a series of verification  (…)

Post contracting cost audit

Any company in the aerospace, telecommunications, electronics or engineering fields (Or any other field where provided for in the contract), which is classed as a mandatory supplier under a government contract, can be liable to a post factum  (…)

Financial guarantees

There are three types of financial guarantee: 1) Guarantee deduction Where the contract makes provision for a certain guarantee period following delivery or acceptance (the contractual guarantee) the Administration is authorised to instruct the  (…)

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