The new Code of procurement Code 1) entré entered in force on September 1, 2006, is a new step in the dematerialization of public purchase. Transposing the European directives "public procurement" in 2004, the new code provides contracting two specific procedures online. Two completely dematerialized procedures, intended for the purchase of supplies, are provided by the new code: electronic auctions and dynamic acquisition systems (DAS).
Unlike the SAD, electronic auctions do not constitute an innovation. However, from now on, the procedure of selection of the means of electronic auction offers is specified in the Code of public markets (2). Auction is based on an automatic classification of tenders based on quantifiable criteria, such as price. Auction, each participant can revise its prices and instantly know the evolution of the ranking. This tool allows to improve the efficiency of the public purchase. Therefore, it may seem unfortunate that the use of electronic auctions is now limited to supply contracts than 135.000 euros HT (State markets) or 210,000 euros HT (Community markets).
Dynamic acquisition system (DAS) is a fully electronic process applicable to purchases recurring and repetitive routine supplies acquisition and "SEO". The DSS includes a first phase to the establishment by the public purchaser of a list of providers. They must meet the selection criteria for admission into the system, and address an indicative offer consistent with the expectations of the public purchaser. The system is open, for its duration, which may not exceed four years, any company not yet referenced can be admitted. In a second time, upon the occurrence of needs, specific markets are passed in the SAD by the public purchaser. Only providers registered in the DSS are in competition and must submit a final offer.
However, prior to the call for competition, a new simplified contract notice must be published to encourage new suppliers to seek admission in the SAD. This new procedure therefore has many advantages: wide and open competition, rationalization of current supplies purchases, increased competitiveness...
Furthermore, the procurement, all written documents can be communicated electronically. 2010, The candidate chooses freely the mode of transmission (paper or electronic media), regardless of the choice made by the public purchaser. However, effective January 1, 2010, the public purchaser may require the transmission of applications and offers electronically.
To ensure the integrity of the content of the submitted documents and the identity of the sender, applications and offers sent electronically must be signed with a certificate of electronic signature.
It now must be consistent with the cross-sectoral security (3) and referenced repository on a list established by the Minister responsible for the reform of the State (4). Candidate who decides to transmit its offering electronically must first verify the validity of its certificate.
Another innovation, the candidate company can hedge against the risk of technical failure of its electronic mailing by performing a backup copy of who takes the form of a paper under sealed cover sending. This copy will be however accepted and taken into account only if it arrives within the time limit for receipt of tenders.
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