(1) Public law legal persons shall be admitted to participate in the public
procurement procedure if they can show proof of:
(a) having legal personality and financial autonomy;
(b) being managed according to private accounting rules; and
(c) not being under the supervisory authority of the Project Owner or the
Delegated Project Owner concerned, except otherwise authorized by the
Authority in charge of public contracts.
(2) Civil society organizations and public establishments interested in public
procurement shall be subject to the provisions of this Public Contracts Code. However,
they may bid only if the prices offered are competitive, that is, if they have been
determined taking into account all the direct and indirect costs contributing to the
formation of the price of the service that is the subject of the contract.
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(3) In such cases, public establishments must show proof that, in fixing this price,
they did not enjoy any benefits from the resources allocated to them in respect of their
public service missions.
(4) Special regulations governing invitations to tender or consultation shall, in
accordance with the regulations in force, determine the conditions for the participation of
the actors referred to in this article in a given consultation, whether through invitation to
tender or by mutual agreement.
Official text
Spot-checked
In force from 20 June 2018
Source page 24