French Public procurement code
In forceThe purchaser is not obliged to use electronic means of communication in the following cases:
1° For the contracts mentioned in articles R. 2122-1 to R. 2122-11 and meeting a need whose estimated value is below the formal procedure thresholds;
2° For the contracts for social services and other specific services mentioned in 3° of article R. 2123-1 and in article R. 2123-2 ;
3° When, due to the particular nature of the contract, the use of electronic means of communication would require specific tools, devices or file formats that are not commonly available or supported by commonly available applications;
4° Where the applications supporting the file formats suitable for describing tenders use file formats that cannot be processed by any other open or commonly available application or are subject to a system of intellectual property rights and cannot be made available by download or remotely by the purchaser;
5° Where the use of electronic means of communication would require specialised office equipment not commonly available to purchasers;
6° When the consultation documents require the presentation of models, scale models, prototypes or samples which cannot be transmitted electronically;
7° When the use of other means of communication is necessary due either to a breach in the security of electronic means of communication, or to the particularly sensitive nature of the information which requires an extremely high degree of protection which cannot be adequately provided by the use of electronic means of communication commonly available to economic operators or which can be made available to them by one of the means of access mentioned in article R. 2132-14.
Article R2132-12
French Public procurement codeIn force
Updated 8 Nov 2023
