France, a glossary for government procurement

Below we outline some of the most commonly used terms for procurement in France.

Procedures

• Appel d'offres ouvert: An Open Tender: A procurement procedure where any interested supplier may submit a bid. This process is fully open to all potential suppliers to encourage wide competition.
• Appel d'offres restreint: A Restricted Procedure: A two-stage process where suppliers first submit applications demonstrating their capacity. Only selected suppliers are then invited to submit tenders.
• Dialogue compétitif: Competitive Dialogue: A procedure used for complex contracts where the contracting authority discusses all aspects of the contract with suppliers before final bids are submitted.
• Procédure négociée: Negotiated Procedure: Used in special circumstances, this procedure involves direct negotiation with one or more suppliers without a fully open competition.
• Accord-cadre: A Framework Agreement: An agreement with one or more suppliers that sets out terms and conditions under which specific purchases (call-offs) can be made throughout the term of the agreement. Frameworks do not guarantee any volume of orders.
• Système d'acquisition dynamique (SAD): Dynamic Purchasing System (DPS): An electronic procurement process for commonly used goods, works, or services. It remains open throughout its duration for new suppliers to join if they meet the specified criteria.

Key Documents

• Avis de marché: Contract Notice: A public announcement inviting suppliers to express interest and bid for a contract. It includes essential details about the procurement, such as scope, eligibility criteria, deadlines, and submission procedures.
• Avis d'attribution de marché: Contract Award Notice: A public announcement informing stakeholders of the successful supplier(s) chosen following a procurement process, along with key details of the awarded contract.
• Dossier de consultation des entreprises (DCE): Tender Documents: A set of documents provided to potential suppliers detailing the specifications, requirements, and conditions of the contract.
• Appel à manifestation d'intérêt (AMI): Call for Expressions of Interest: A preliminary step inviting suppliers to express interest in a potential procurement project, often used to gauge market interest and capability.
• Demande de propositions (DP): Request for Proposal (RFP): A document requesting suppliers to propose solutions and prices for specific goods or services, typically used in negotiated procedures or competitive dialogues.
• Questionnaire de candidature (QC): Pre-Qualification Questionnaire (PQQ): A document used to shortlist suppliers based on their capacity, financial standing, and experience before inviting them to tender.

Key Roles

• Acheteur: Buyer: The contracting authority or entity responsible for procuring goods, services, or works. This term can refer to individuals or departments within public sector organizations.
• Fournisseur: Supplier: Any individual or organization that provides goods, services, or works in response to procurement opportunities.
• Pouvoir adjudicateur: Contracting Authority: Any public sector organization that has the legal authority to enter into contracts for goods, services, or works.
• Responsable de la commande publique: Procurement Officer: An individual responsible for managing the procurement process, from planning and sourcing to contract management.
• Commission d'évaluation: Evaluation Panel: A group of individuals responsible for assessing and scoring tender submissions against the evaluation criteria set out in the tender documents.

Evaluation Procedures

• MEAT (Méthode de l'offre économiquement la plus avantageuse): Most Economically Advantageous Tender: An evaluation method used to determine the best value for money by considering various criteria such as price, quality, technical merit, and sustainability.
• Critères d'attribution: Award Criteria: The specific factors and metrics against which tender submissions are assessed. These can include price, quality, delivery time, and after-sales service.
• Grille d'évaluation: Evaluation Matrix: A tool used to systematically score and compare tender submissions against the award criteria.
• Méthodologie de notation: Scoring Methodology: The approach and numerical system used to assign scores to tender submissions based on how well they meet the evaluation criteria.
• Questions de clarification: Clarification Questions: Questions posed by the procurement team to suppliers during the evaluation process to clarify aspects of their tender submissions.
• Période de standstill: Standstill Period: A mandatory pause period between the notification of the contract award decision and the signing of the contract, allowing unsuccessful suppliers to challenge the decision if necessary.

References

1. Code de la commande publique: The legal framework governing public procurement in France.
2. Direction des Affaires Juridiques (DAJ): Provides guidance and policies on public procurement.
3. Union des Groupements d'Achats Publics (UGAP): The central purchasing body for the public sector in France.