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					COMPRO Final Conference

   Setting up a joint procurement procedure
          Consortium agreement
• Does Nantes Métropole have the right to sign
  such a convention with foreign authorities ?
• Yes : « Les collectivités territoriales et leurs groupements
  peuvent, dans le respect des engagements internationaux de la
  France, conclure des conventions avec des autorités locales
  étrangères pour mener des actions de coopération (…) » – art. L
  1115-1 du Code général des collectivités territoriales
• French Ministry of Foreign Affairs subscribe to
  this point of view
                    Consortium agreement



•   The main issues
1) Defining the mission of the leading
   authority
2) Defining the right time to sign the joint
   procurement convention
3) Defining the members’ commitments
    Mission of the leading authority
• Collection of the needs by gathering the needs each
  consortium member will have estimated
• Organise the selection of the contractors :
•   Develop, with respect to the needs identified, all purchasing documents;
•   Be responsible for the redaction and the sending of call for competition and
    contract award notices;
•   Fulfill the obligations related to electronic procedures and the diffusion of the
    Call for Expressions of Interest (CEI) to the interested candidates;
•   Be in charge of the secretariat of the Tender Committee;
•   Inform evicted candidates and produce for those requesting it the elements
    justifying the rejection of their bid;
•   Submit when appropriated, the contract(s) or the framework agreement(s) to
    the control of legality.
Right time to sign the convention
 • Art. 17 (directive 2004/17/CE) : the estimated value of
   a contract shall be calculated before the launch of the
   tender
 • Needs estimated may not be changed after the notice
   of the call for competition has been published
 • Proposal : consortium convention to
   be signed by all members before the
   notice publication for the tender
        Members commitments
• To procure what they are supposed to purchase without
  withdrawing
  the common procurement may work only if such a
  binding agreement is settled : suppliers have to be sure
  consortium members will buy on the basis they
  contracted
• To pay the leading authority
• To participate in a friendly way at the meetings the
  leading authority may organise, to make the leading
  authority’s task easier

				
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posted:4/17/2013
language:English
pages:6