Sign the undertaking in case of award of the contract

Verified 21 August 2026 - Entreprendre Service Public / (Prime Minister)

The public purchaser shall select the most economically advantageous tender using criteria set in advance in the consultation documents. The deed of commitment is then signed by the successful candidate and the buyer. The contract is notified after a standstill period in the formalized procedures.

The public purchaser shall analyse the tenders in two successive stages:

  • Analyzes the applications to assess the ability of candidates to perform the contract.
  • Then analyses the offers to choose the most economically advantageous offer.
Analysis of applications

The public purchaser normally starts by analyzing the applications dropped off. This phase usually takes place before the tender examination phase.

It checks that the applications have been received in the time limits. Any application submitted after the deadline is eliminated.

He checks that the candidates meet the conditions of participation indicated in the notice of call for competition or in the consultation documents. These are the economic and financial capacities of the applicant, taking into account those of possible co-contractors or subcontractors. Technical and professional capacities are assessed: number of staff, average level of education and professional qualifications, etc.

Finally, the buyer also checks that the candidates do not not subject to a ban to apply.

Analysis of offers

The public purchaser then examines the offers to choose the one that is economically most advantageous.

It shall evaluate the tenders received using the award criteria set out in Consultation Regulation (CR). These criteria are freely chosen by the buyer and allow to assess the quality of the expected services, the modalities of execution of the contract.

The buyer has the possibility to rely on a single criterion or on several criteria.

Warning  

Since the August 21, 2026, the buyer must retain at least one award criterion taking into account environmental characteristics of the offer. Each buyer may determine the criterion most relevant to the subject matter of the contract.

If the buyer chooses a single criterion, it must incorporate environmental characteristics.

Thus, if the buyer chooses to retain a single criterion, it must necessarily incorporate environmental characteristics. Thus, recourse to the single price criterion is prohibited. The purchaser must base himself either on the overall cost, which incorporates environmental considerations, or on the life cycle cost.

When it is based on several award criteria, the buyer may provide, in addition to this economic criterion (price or cost) qualitative, environmental or social criteria. These include, for example:

  • Quality : technical value, aesthetic or functional characteristics, accessibility, learning, production conditions, guarantee of fair remuneration for producers, innovation or development of direct supplies of agricultural products
  • Lead times : delivery conditions, after-sales service and technical assistance, security of supply
  • Organization, qualifications and experience of staff : the buyer may exclude from the procurement process a person who has not established a vigilance plan when she had to

Regular, acceptable and appropriate offers are classified in descending order by applying the selected award criteria.

Once the offers are filed, the buyer applies a scoring method which need not be specified in the consultation documents.

The criteria must be weighted when the contract is awarded according to a formalized procedure.

Irregular, unacceptable or inappropriate offers are automatically eliminated and cannot be classified. To learn more about the offers automatically eliminated, it is possible to consult the sheet ‘be informed and have recourse in the event of rejection of the tender for a public contract’.

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Adapted procedure contract (Mapa)

In awarding a public contract, the public purchaser must comply with the following principles:

  • Choosing a relevant offer
  • Good use of public funds
  • Do not contract systematically with the same company when there are different offers that can meet the need

Beyond the price, the determining criteria for awarding a contract can be technical value, quality, supply conditions, lead times, social and environmental efforts.

FYI  

Since the August 21, 2026, the public purchaser must provide for a environmental clause and one environmental criterion.

The Directorate of Legal Affairs of the Ministry of Economy has made available a kit composed of several sheets on regulatory changes for public procurement in the field of environment.

Formalized procedure contract

If the contract is awarded according to a formalized procedure, the criteria must be weighted or, in the event of impossibility, indicated in descending order of importance.

Weighting represents the buyer's emphasis on each criterion and tells candidates which aspects they should focus on.

Thus, where the price criterion is weighted to 80%, it is the amount of the offer that will weigh mainly for the choice. The lower the price of the offer, the more likely it will be to win. The weighting of the criteria can be expressed as a range with a maximum deviation.

In case of competitive dialog and for one innovation partnership, the most economically advantageous tender must necessarily be chosen on the basis of several criteria.

Where the purchaser is a local authority, the examination of tenders shall in principle be carried out by the competent tendering committee.

FYI  

Since the August 21, 2026, the public purchaser must provide for a environmental clause and one environmental criterion.

The Directorate of Legal Affairs of the Ministry of Economy has made available a kit composed of several sheets on regulatory changes for public procurement in the field of environment.

Award of contract

The contract shall be awarded to bidder(s) which have submitted the most economically advantageous tender. The contract may also be awarded to a business formed or in the process of being formed between the buyer and the tenderer or tenderers declared successful, and a third-party investor. This business is established for a limited period of time with a view to concluding and executing this contract.

FYI  

Since the August 21, 2026, the public purchaser must provide for a environmental clause and one environmental criterion.

The Directorate of Legal Affairs of the Ministry of Economy has made available a kit composed of several sheets on regulatory changes for public procurement in the field of environment.

A negotiation phase may take place after the initial analysis of the tenders and before the award of the contract. It allows the buyer to evolve the initial offer of the candidate so that it is as close as possible to his need.

The Consultation Regulation (CR) must specify that the market is open for trading. It specifies the method of negotiation and the elements to which it may relate (time, price, quantity, etc.). Negotiation may also take place on the technical side (for example, for a contract for the acquisition of a machine, the discussion may concern consumables, maintenance, etc.).

As a matter of principle, once the negotiation is foreseen, it applies to all candidates who have submitted a tender. It may cover all the elements of the offer or be limited to one or more elements.

The negotiation can take place by exchanging emails via the buyer profile, or in meetings with the selected candidates.

It is possible under certain procedures formalized and in the adapted procedures contracts (Mapa).

Formalized procedure contract

Trading is possible in the following markets:

  • Competitive dialog which must enable the public body to determine with the candidates the technical, legal and/or financial solution best suited to meet its needs
  • Contract without prior advertising or competitive tendering
  • Procedure with negotiation the principle of which is to improve the content of successive offers by negotiation

The procedure with negotiation can be implemented only in one of the following 6 cases:

  • A need that cannot be met without adapting immediately available solutions
  • Need for an innovative solution
  • Contract involving design services
  • Existence of special circumstances (related to the nature of the market, its complexity, the financial package)
  • Unable to define technical specifications
  • In the context of a call for tenders, only irregular or unacceptable tenders were submitted

Adapted procedure contract (Mapa)

Where the public contract is awarded in the context of a Mapa, it is possible for the buyer to arrange for a negotiation phase with the applicant companies before awarding the public contract. This phase of negotiations should be mentioned in the consultation documents and/or in the notice of advertising of the public contract. It must also indicate the criteria on which candidates will be selected to participate in the negotiations.

This is an option for the buyer and not an obligation. Even where the buyer has opened the possibility of a negotiation, it retains the possibility of awarding the contract without having the obligation to start the negotiation.

The consultation may be open or restricted: the buyer may decide either to proceed to a preliminary phase of selection of the applications and then send the consultation file to the candidates he has chosen (restricted procedure), or to request candidates in a single phase all the documents relating to the application and the offer.

The highest ranked offer is selected as provisional like most economically advantageous offer.

The public purchaser must verify the fiscal and social situation of the contractor. It shall then ask the candidate to whom the contract is intended to be awarded to produce, within a fixed period, the certificates and certificates. When the reply is submitted via the online Dume, the candidate for the public contract does not therefore need to submit these certificates when the information is already known to the administrations.

The successful candidate and the buyer must then sign a deed of commitment.

FYI  

Buyers can ask successful applicants to make a focus components of the public procurement market before signing. This is a simple adjustment of the offer to make slight changes. For example, the development may make it possible to adapt the timetable for the performance of the services or to substitute certain materials.

What is the act of commitment?

The Deed of Commitment is the essential part of the public contract. It makes it possible to know precisely the reciprocal commitments of the successful candidate and the buyer.

This document is filled in by the public purchaser at the time of the award of the public contract and then transmitted to the applicant company and/or the momentary company grouping (GME) retained.

Unlike the documents in the application file (DC1, DC2 or Dume) and the offer, the deed of commitment must be signed by both parties: the candidate and the public buyer.

By signing it, the successful candidate commits to his offer of price and formally accepts the provisions of the contract.

Once the company and/or the consortium has signed the undertaking, it shall return it to the public purchaser.

The latter must comply with a standstill period before signing the contract in certain procedures.

FYI  

A model of the act of commitment is offered to public buyers through the website of the Ministry of Economy. This is the ATTRI form 1

This model is optional. The public purchaser may choose to draw up his own undertaking from the moment that all the mandatory and regulatory particulars appear therein.

In which cases does the buyer have to respect the « standstill » period?

One standstill period, must be complied with by the buyer before the public contract is signed.

This period shall apply only where the contract has been awarded in accordance with formalized procedure. In this case, the buyer must wait at least 11 days between the date on which the notification is sent and the date on which the contract is signed by the buyer. This period is 16 days if the information was sent by paper mail.

The standstill period does not apply in the following cases

  • When the contract is awarded in procedure Mapa
  • Where the contract is awarded to the only operator who participated in the consultation
  • For specific markets based on a dynamic acquisition system (SAD)

How to sign the deed of commitment?

The deed of undertaking shall be signed in writing or electronically. The electronic signature is the equivalent of the handwritten signature for a dematerialized document. Both parties (buyer and contract holder) must use the same average of signature.

The signatory(s) must each have the power to hire the person they represent (individual candidate or member of the company group). In the case of a group of companies, it is the representative appointed by the group who must sign. In the absence of a representative, all members of the group must sign.

The electronic signature is not imposed by regulation. The buyer may, however, decide to impose it in the consultation documents.

To use the electronic signature, the company must satisfy several prerequisites :

  • It must have acquired a signature certificate that is nominative and the corresponding software application that is often offered by the buyer profile. It guarantees the identity of the signatory and the integrity of the electronic document, that is to say that it can no longer be modified once signed. The certificate is issued for a period of 1 to 3 years to a natural person and not to a company. It is generally in the form of a USB key.
  • It must have specified its internal organization and designated the persons authorized to sign on its behalf: its holder must have the capacity to engage the business or have a delegation of power.

The electronic signature certificate is fee-paying. It is marketed by qualified private electronic certification providers. As it may take several days to obtain, the request must be made in advance of the response time indicated in the contract notice.

FYI  

To obtain an electronic signature certificate, you can refer to the list of qualified providers.

Where the applicant is unable to perform the contract as a result of a fortuitous caseor a case of force majeure (example: earthquake, flood), the buyer can appeal to the tenderer whose offer is closed immediately afterwards.

The buyer cannot make this decision after notification of the contract to the successful candidate.

For contracts awarded according to a formalized procedure, the public purchaser must publish a notice of award, within a maximum period of 30 days from the signature of the contract.

The publication of an award notice is optional under the adapted procedure.

This notice makes it possible to make public the choice of the offer chosen by the buyer. It is published in BOAMP: titleContent or to the Official journal of the French Republic of the OJ (JOUE), depending on the contract.

FYI  

Failure to publish an award notice shall not result in the unlawfulness of the public contract.

Notification of the contract to the successful candidate

The public purchaser notified the contract to the holder after signing of the contract. In practice, this involves sending a copy of the signed contract to the holder.

The texts do not impose no delay for that market notification.

For contracts equal to or greater than €60,000 HT, the notification to the successful candidate is made electronically either by courier of the buyer profile or by a tool that designates the sender, guarantees the identity of the recipient and establishes the date of delivery of the document.

The contract shall in principle enter into force on the date of receipt of the notification to the successful candidate unless the public contract provides for other arrangements.

Publication of essential public procurement data on the French public data platform

For public contracts equal to or greater than €40,000 HT, the buyer must publish in 2 months of contract notification to the licensee, the « essential data » of the public contract on the french public data platform (data.gouv.fr).

The key data relate to the public procurement procedure, the content of the public procurement contract and the performance of the contract and its amendment.

They consist of 24 mandatory data and 21 conditional data (in special cases). These include, for example, the Siret number of the buyer, the nature of the contract, the subject matter of the public contract, the procedure, the place of performance, the duration, etc.

Please note

Where the amount of the contract is equal to or greater than €25,000 and less than €40,000 HT, the buyer may choose to publish in the first quarter of each year, on the medium of his choice, the list of contracts concluded the previous year (amount, date of conclusion of the contract, name of the successful bidder and his postal code).