August 4, 2003

Applicable procedures

The applicable procedure depends on the category and value of the purchase concerned.

Contracts for procurements for amounts not less than € 200,000 before VAT for services and supplies and not less than € 5,000,000 before VAT for construction and/or civil engineering works shall be awarded in accordance with contract procedures and framework agreements described in Article 7 of Decree No.2005-1742, dated 30 December 2005.

Should the procurement be of the type mentioned in Article 33 of the Decree No.2005-1742, CNES shall negotiate directly with one or more companies as appropriate. This procurement, concerning supplies for the exclusive purpose of research, testing, experimentation, design studies and development with no intention of profit or of recovering the costs of research and development, are covered by the negotiated procedure without prior publication of a contract notice and without competition. In certain circumstances (in particular where the operator has a monopoly), CNES may be obliged to negotiate with a single company.

For procurements for amounts less than the above-mentioned thresholds or covered by Article 9 of the above-mentioned Decree, the following competition procedures shall apply:

* call for tenders following prior selection, for construction and/or civil engineering works for an amount of no less than € 200,000 before VAT and less than € 5,000,000 before VAT – a procedure by which the competing candidates are short listed beforehand by CNES based on objective criteria and with the intention of broadening the competition to manufacturers throughout Europe as far as may be possible, on the basis of its list of suppliers,
* simplified consultation for procurement of services, supplies and construction and/or civil engineering works for an amount less than € 200,000 before VAT and purchases of services covered by Article 9 of the Decree – this procedure involves requesting financial and technical proposals from at least two companies.

For procurement covered by Articles 7 and 23 of Order No.2005-649, dated 6 June 2005, CNES uses specially adapted procedures.

Prior information notice

CNES may publish a prior information notice in the OJEU. Such a notice indicates, by product area, category of service or construction and/or civil engineering works, the total amount of procurement for which CNES intends to contract during the twelve months following publication.

Contract award notice

A contract award notice promulgates the result of the procedures for the award of public contracts covered by Order No.2005-649, dated 6 June 2005 when its amounts is not less than € 200,000 before VAT (services and supplies) or not less than € 5,000,000 before VAT (construction and/or civil engineering works).
The contract award notice is sent for publication in the Official Journal of the European Union within 48 days of the award of the contract. CNES is not bound to send a notice of the results of the award procedure for each contract based on that agreement.