Decree Of 24 December 2001 On The Nomenclature Provided For In Article 27 Of The Public Procurement Code, Applicable To Certain Research Activities

Original Language Title: Decree of 24 December 2001 on the nomenclature provided for in Article 27 of the Public Procurement Code, applicable to certain research activities

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JORF No.. 1 of January 1, 2002 page Text No. 66. 71 DECREE Decree of 24 December 2001 on the nomenclature provided for in Article 27 of the Public Procurement Code, applicable to certain NOR research: RECR0100337A ELI: http: / www.legifrance.gouv.fr/eli/arrete/2001/12/24/RECR0100337A/jo/texte The Minister of Economy, Finance and Industry, the Minister of Education, the Minister of Defence and Minister of Research, Considering Decree No.. 2001-210 of 7 March 2001 on public procurement code, in particular Article 27. Considering the decree of 13 December 2001 defining the BOM set II and III of section 27 of the Public Procurement Code, Order: Article 1 The BOM set II and III of section 27 of the public procurement code, with look to research, d hereto. Article 2 The public services and establishments who, pursuant to the provisions governing, explicit research mission may use this specific nomenclature when making purchases of supplies and research services for these missions. Article 3 The use of this specific Bill excludes, for homogeneous families of supplies or services it defines while recourse to the general nomenclature d to the decree of December 13, 2001 referred to above. Article 4 This Order shall be published in the Official Journal of the French Republic. Section Annex ANNEX TERMS OF USE OF THE CLASSIFICATION SPECIFIC RESEARCH ACTIVITIES Section 27 of the Public Procurement Code provides that, when a function of a threshold, the choice of procedure applicable to the conclusion of contracts is determined, as looks supplies and services, by reference to a schedule set by interministerial order. Due to the specific nature of their activities, it seemed advisable to adopt a specific nomenclature, separate from the general nomenclature for public services and institutions with year explicit research mission. Indeed, very often the supplies or services that are necessary in this look cannot be equated with those in the general classification. On the one hand, the needs which they serve may not be covered, in most cases, by the suppliers or specialized service providers. Secondly, with eye to some products and materials, the quantities used and / or their packaging and / or arrangements to make specific use for research. The implementing rules of this nomenclature does not differ in their principles, those defined for the general classification. 1. The supplies and services are homogenous goods or services belonging to the same family. Supplies or homogeneous services are defined in the same way as in the general classification, each family being identified by a four-digit code. However, in order that families fall into this classification cannot be confused with those of the general classification, the first segment of the code belongs to the series 50 for supplies and the series 90 for services. Within each homogeneous family include items that are given as examples and therefore not exhaustive. 2 The recurrent supplies or services, the concept of single acquisitions gold unforeseen purchases, ongoing benefits and services operations: The concepts of supplies gold recurring services, unique acquisition unpredictable purchases gold gold services continuous gold service operations are those defined for the general classification. 3. The obligations relating to the use of the specific nomenclature: has) The use is restricted to certain services or institutions. The service or facility that intends to use this nomenclature must be expressly, pursuant to legislation governing it, year explicit research mission. This is especially the case for public scientific and technological under the supervision of the minister in charge of research and public scientific, cultural and professional under the supervision of the Minister for Higher Education. (b) The areas covered by this Bill are clearly identified. The areas covered by the specific nomenclature only concern animal testing, supplies and small laboratory equipment, chemicals, products and small equipment for biology, components for electronic scientific, scientific instrumentation, the scientific computing, maintenance related to these materials and equipment and equity research services. (c) The use of this nomenclature in the areas covered the software use the general classification. The use of this nomenclature in the areas covered, exclude the use of the general classification even when supplies or equivalent work called gold the same way can exist there. Thus, service or institution that, due to its research activities, must acquire basic inorganic and organic chemicals belonging to the family of the 52.01 specific nomenclature may not use this nomenclature to cover part of its needs and general nomenclature for another part of its needs (17.03 and 17.04 families). Similarly, if a buyer uses specific research nomenclature for the purchase of supplies from different homogeneous families, for example chemicals and small equipment and laboratory consumables (51.01 to 51.06 families), it can not totally or in part, for year explicit research mission related needs, providing to such purchases to the general nomenclature (18.51 to 18.55 families and 18.64). When it comes to meeting a need corresponding to a research activity, the use of the general classification is therefore again that when the supplies or services that the service or establishment intends to acquire clearly not belong to a family of specific nomenclature. (d) The use of the general classification is required outside the areas covered by the specific nomenclature. When a service however institution acquires supplies or services that are not intended to meet its research mission (furniture, office supplies, office computer equipment, electronic components for other purposes than scientific, supplies or services covered specific BOM No.), it must use the general classification. So for computing, service institution with a research mission can use the specific nomenclature that if material gain is the object of research itself or included in a search process. For example, network equipment within the specific nomenclature (57.05 family) in the case of experimental networks. All other network equipment fall under the general nomenclature (22.07 family). (e) The use of specific nomenclature does not change the procurement rules. Regardless of the nomenclature used, the procurement rules are the same. It is possible to contract without prior formalities, markets with a call for competition or simplified market with open competition however restricted, but not split contracts awarded with one holder and with has minimum and maximum gold monoattribution markets gold multiattribution minimum No. maximum gold. The needs are valued by homogeneous family of supplies or services, it can be year allotment process by consolidating multiple families gold by segmenting the same family. If nothing software, in the same tender meet different needs, the allotment is made taking into families under the two bills, in practice, should be avoided to do so. For example, it is theoretically possible to issue a single invitation to tender for the needs of small laboratory equipment under the specific nomenclature and those of office furniture and laboratory within the general classification, he n ' is obviously not desirable so be it. In any event, it is not possible, in the same batch, grouping of supplies or services classified in families not under the same nomenclature. Thus, with look to computers, the same batch can consolidate mainframe computers, servers and specialized computers 36.03 within the family of the general nomenclature (to meet the normal needs of services) and servers and accessories gold board computers falling respectively 57.02 57.05 and of the families specific nomenclature (for a research activity). 3894 PROCUREMENT CLASSIFICATION SPECIFIC SUPPLY AND HOMOGENEOUS SERVICES FOR RESEARCH ACTIVITIES You can view the table in the OJ o Page 1 01/01/2002 66-80 Done at Paris, 24 December 2001. The Minister of search, Roger - Gérard Schwartzenberg, The Minister of the Economy, Finance and Industry, Laurent Fabius The Minister of Education, Jack Lang Minister of Defence Alain Richard

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