web.1358.6
BANQUE DE FRANCE
29/09/2026 12:00
26/08/2026 10:52
Fourniture des modules matériels de sécurité réseau (HSM) en tant que service d'infrastructure pour le Projet Digital Euro
AE20260016_Hardware Security Module
Appel d'offre ouvert
https://achats-banquedefrance.safetender.com/#/home/tender/d18143cd-64f3-4d01-8b3c-62452cc07aab
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BDF-PUBLIC
EUROSYSTÈME
GENERAL SECRETARIAT
PROCUREMENT DIRECTORATE
CALL FOR TENDER RULES
Applicable to the negotiated procedure referred to in Articles R. 2161-12 et seq. of the French Public Procurement Code.
SUPPLY OF NETWORK HARDWARE SECURITY MODULES (HSM) for EUROPEAN PROJECT
AE20260016.
DAF_2026_000142.
Application document submission deadline: 29/09/2026 at 12 p.m.
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The procedure follows a series of phases
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OVERVIEW
1. Object of the contract.5 1.1. Description of the contract .5 1.2. Division into lots .5 1.3. Term of the contract .5 1.4. Contract Structure .5 1.5. Procurement technique .6 1.6. Location of performance of services .6 1.7. Variants .6 2. Content of the procurement documents (DCE) .6 3. Steps in the procedure.7 4. Procedures for submitting applications and bids .7 4.1. Deadline for submission .7 4.2. Submitting applications or bids to the Banque de France's buyer profile platform .7 4.3. Backup copy .8 5. Bidding disqualifications.10 5.1. Exclusions under law.10
5.2. Exclusions at the purchaser's discretion (Articles L. 2141-7 et seq. of the French Public Procurement Code) 10
6. Conditions of participation .11 6.1. Documents relating to the application .11 6.1.1. Administrative documents . 11 6.1.2. Economic and financial documents . 11 6.1.3. Technical and professional documents . 12 7. Assessing the eligibility of applications.12 7.1. Completeness of the application file .12 7.2. Minimum capacities .12 8. Selection of applications.13 8.1. Application selection procedure .13 8.2. Admissibility and Selection of Applications .13 8.3. Scoring Method for Evaluating Applications .14 8.4. Submission of tax and social security certificates .14 9. Request for information during the bid phase .16.
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10. Site visits .16 11. Submission of bids .16 12. Arrangements for negotiations.16 12.1. The negotiation process .16 12.2. Composition of bidders' negotiating teams .17 12.3. Location of negotiation meetings .17 12.4. Information disclosed during negotiations .17 12.5. Date and time of negotiation meetings .17 12.6. Submission of a final bid after negotiation .17 13. Award of the contract.18 13.1. Award criteria .18 13.2. Method for scoring a bid .18 14. Signature and notification of the contract .19 14.1. Signing of the deed of undertaking and the contract documents .19 14.2. Notification of the contract .20 15. Compensation .20 16. Confidentiality .20 17. Appeals.21 17.1. Right of appeal .21 17.2. Competent courts for appeal proceedings .21 ANNEX 1: .22.
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Introduction
These call for tender rules set out the arrangements for the Supply of Network Hardware Security Module Solution for European Project, a negotiated procedure, which is the subject of a contract notice published in the Official Journal of the European Union.
This procedure was advertised on the Banque de France's buyer profile platform at the following address: https://achats-banquedefrance.safetender.com under the reference:
Contract notice sent on 21/08/2026 and published in the Official Journal of the European Union on 25/08/2026, under reference 585405-2026.
1. Object of the contract
1.1. Description of the contract
The object of the contract is defined in Article 1 of the General Contractual Conditions (GCC) and detailed in the Technical Contractual Clauses (TCC).
1.2.Division into lots
The contract is not divided into lots.
The subject matter of the contract does not allow for the identification of distinct services (Article L.211310 of the French Public Procurement Code), as it is a contract for the supply of hardware and software, with optional days of expertise that must necessarily be carried out by the supplier in order to maintain the full validity of the support included in the firm tranche.
1.3.Term of the contract
4-Fixed term in months: 48 months
4-Automatic renewal: 24 months
1.4.Contract Structure
The contract consists of one firm tranche and three (3) optional tranches:
1) Firm tranche (FT) fixed price: Delivery and initial setup of Infrastructure and GOLD phase 1 platform. This tranche includes:
- Design workshop,
- Deliveries and installation,
- Client licences for the firm tranche (see Tome 2 for quantities),
- 2 years of support and maintenance of the Hardware,
- 2 years of support of the Software.
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2) Optional tranche No. 1 (OT1) - based on purchase orders . Delivery and setup of GOLD phase 2. This tranche includes:
- Battery replacement of HSMs delivered in the firm and OT1 tranches,
- Deliveries and installation service of GOLD phase 2 hardware,
- Additional client software licences (see Tome 2 for quantities),
- Annual support and maintenance of the Hardware of the two tranches (firm and OT1),
- Annual support of the Software of the two tranches (firm and OT1),
- Service for Performance tests support.
3) Optional tranche No. 2 (OT2) - based on purchase orders: Additional client software licences and support bundles.
- Bundles of client licences and their support. Ordered individually (see Tome 2 for estimated quantities).
4) Optional tranche No. 3 (OT3) - based on purchase orders: For the Offline Issuance component. ? Delivery and installation service of additional GOLD Hardware,
- Additional client software licences for this component (see Tome 2 for estimated quantities),
- Annual support and maintenance of the Hardware,
- Annual support of the Software of the tranche,
- Battery replacement of HSMs delivered in the tranche.
1.5. Procurement technique
The contract involves the establishment of a framework agreement with a single operator, based on purchase orders.
Maximum number of participants envisaged for the framework agreement: 1.
Maximum number of candidates expected to be invited to submit a tender: 3.
Maximum contract value for 3 Central Banks, excluding VAT: ?5,650,577.
Maximum value of purchase orders for 3 Central Banks, excluding VAT: ? 4,771,180 .
1.6. Location of performance of services
Services shall be performed mainly at the Contractor's premises, Contracting Authority's premises in metropolitan France and at Central Banks premises.
1.7.Variants
- No variants are permitted.
2. Content of the procurement documents (DCE)
The tender documentation consists of the following documents:
1. The Administrative Specifications and its Annexes (CCA) in both French and English;
2. The present Consultation Regulations (RC) and its appendices in both French and English: Appendix 1: Statement regarding restrictive measures with respect to actions by Russia destabilizing the situation in Ukraine;
3. The Technical Specifications (CCT) in two volumes, in both French and English:
- Volume 1: Context and Quality
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- Volume 2: Technical and Security
4. Questionnaire in both French and English;
5. Requirements reference document in both French and English;
6. Pricing Schedule in both French and English;
7. Service Provider Security Agreement (PAS) in both French and English.
3. Steps in the procedure
The procedure shall be conducted in French and/or in English.
The negotiated procedure is divided into two (2) distinct phases:
1. An application phase , at the end of which the Contracting Authority shall select the applicants (candidates) that are eligible to submit a bid.
2. A bidding phase. The letter inviting tenders shall specify the deadline for the submission of the bid.
n All contacts between the Banque de France and the bidders shall take place exclusively via the buyer profile platform (SafeTender) .
4. Procedures for submitting applications and bids
All applications and/or bids must be submitted electronically.
4.1.Deadline for submission
Applications or bids must be submitted on the buyer profile platform before the specified date and time , otherwise they will be rejected:
4-On the cover page of the application
4-In the invitation to tender for the initial bid
4-In subsequent correspondence for other phases of the negotiation process.
The electronic application or bid must be sent to the Banque de France's buyer profile platform by this deadline, failing which it will be rejected by the IT system. It is advisable to start downloading the application or bid in good time.
When the application or bid is submitted, the applicant automatically receives an electronic acknowledgement of receipt, confirming that his or her application or tender has been received.
4.2.Submitting applications or bids to the Banque de France's buyer profile platform
Applications and bids must be submitted on the buyer profile platform.
In the event of technical problems, or if you have any queries regarding the buyer profile platform, please contact SafeTender support services at:
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Tel: +33 (0) 825 00 13 26 (EUR 0.20/min + cost of a local call)
Email:
[email protected]The contracting authority may convert the file formats to ensure they remain readable over the medium and long term.
If the contracting authority detects malware in a tender submitted electronically, it will not repair the infected files.
4.3. Backup copy
A backup copy may be sent in accordance with Article R. 2132-11 of the French Public Procurement Code and Article 2 of the decree of 22 March 2019 setting out the procedures for making consultation documents and backup copies available. The backup copy may be sent either on an electronic storage device or in paper form and must be placed in a sealed envelope clearly marked “Backup copy”. This backup copy must be sent within the same deadline as that for the submission of applications or bids, in accordance with the procedures set out below.
The backup copy may either be sent by post, preferably by registered letter with acknowledgement of receipt, or delivered by hand to the Banque de France reception desk at the address specified in the table below. This is the ONLY DESK ELIGIBLE TO ISSUE A RECEIPT. The applicant must take into account the time taken to get through the Banque de France security barriers.
The application or bid must be placed in a sealed envelope bearing only the following words:
For submissions by post:
Sender Recipient Stamp of the bidder (if the bid is submitted by a consortium, stamp of the designated representative or of all companies in the consortium) Banque de France “Backup copy - SUPPLY OF NETWORK HARDWARE SECURITY MODULES (HSM) FOR EUROPEAN PROJECT Direction des Achats 08-1196 Service des Achats informatiques 75049 PARIS Cedex 01 FRANCE
Hand-delivered applications must be dropped off at the above address, against receipt, at the following times
Reception desk opening hours: From 8.30 a.m. to 12.00 p.m. and from 1:30 p.m. until 4:30 p.m. (closed on Saturday, Sunday and public holidays)
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Phase 1.
Application phase
Deadline for submission of applications on the cover page of this document
At this stage, you should only submit the application form.
Any offers submitted during the application phase will not be considered.
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5. Bidding disqualifications
The principle of freedom of access to public procurement means that any operator may apply for a public contract, except for operators subject to the exclusions listed below.
5.1. Exclusions under law
- Definitive convictions as provided for in Article L. 2141-1 of the French Public Procurement Code,
- Failure to comply with tax and social security obligations as provided for in Article L. 2141-2 of the French Public Procurement Code,
- Judicial liquidation, personal bankruptcy, receivership proceedings, as provided for in Article L. 2141-3 of the French Public Procurement Code,
- Sanctions relating to labour law (undeclared work, labour trafficking, illegal labour supply, employment of a foreign national without a permit authorising them to work in France, use of the services of an employer of a foreign national not authorised to work, failure to comply with professional gender equality provisions, discrimination) provided for in Article L. 2141-4 of the French Public Procurement Code,
- Exclusion from administrative contracts pursuant to an administrative decision provided for in Article L. 2141-5 of the French Public Procurement Code.
5.2. Exclusions at the purchaser's discretion (Articles L. 2141-7 et seq. of the French Public Procurement Code)
- Article L. 2141-7 of the French Public Procurement Code: payment of damages, termination, serious breach of contractual obligations during the performance of a previous public procurement contract.
- Article L. 2141-7-1 of the French Public Procurement Code: failure to provide a vigilance plan and, from 1 January 2026, failure to publish information on sustainability.
- Article L. 2141-7-2 of the French Public Procurement Code: failure to comply with the obligation to draw up a greenhouse gas emissions assessment.
- Article L. 2141-8 of the French Public Procurement Code: influence on the decision-making process, confidential information and undue advantage, misleading information, prior involvement in the preparation of the procedure, access to specific information.
- Article L. 2141-9 of the French Public Procurement Code: collusion with other operators with a view to gaining an unfair competitive advantage.
- Article L. 2141-10 of the French Public Procurement Code: conflict of interest.
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6. Conditions of participation
Applicants must submit their applications on the online platform in accordance with the instructions set out in the “Procedures for submitting applications” in section 4.
6.1. Documents relating to the application
The documents relating to the application include information on the legal status, economic and financial capacity, and technical capabilities of the applicant. This information may be disclosed in a DC1 and DC2 form, available at the following address:
http://www.economie.gouv.fr/daj/formulaires-declaration-du-candidat
6.1.1. Administrative documents
a. DC1 completed by the applicant
b. DC2 completed by the applicant
c. A duly dated and signed sworn attestation certifying that the applicant does not fall under any of the cases mentioned in Article L. 2141-1 et seq. of the French Public Procurement Code and, in particular, that it complies with Articles L. 5212-1 to L. 521211 of the French Labour Code concerning disabled workers.
d. A copy of the judgement(s) handed down, in the event of receivership or administration. e. A sworn attestation pursuant to Article 5k(1) of amended Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of russia's actions destabilising the situation in Ukraine (Annex 1 to this document)
f. The duly completed confidentiality agreement, where applicable
g. A certificate attesting to the powers of the persons authorised to act on behalf of the applicant.
In the case of multiple economic operators:
h. A certificate attesting to the powers of the representative in the case of a consortium i. All documents required in this Article 6 for each operator (members of a consortium or subcontractors).
j. If the applicant invokes the capacities of other economic operators , regardless of the legal nature of the links with them (consortium or subcontracting) in accordance with Article R. 2142-3 of the French Public Procurement Code relating to public contracts, they must prove that they will be available for the performance of the contract (e.g. by means of an attestation signed by the economic operator).
6.1.2. Economic and financial documents
k. A statement of the total annual turnover for the last three (3) available financial years. l. The balance sheets or extracts from the balance sheets for the last three available financial years (schedules 2050 to 2052).
If, for a valid and substantiated reason, the operator is unable to provide the requested information and documents, it is authorised to prove its economic and financial capacity by any other means deemed appropriate by the Banque de France.
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6.1.3. Technical and professional documents
m. A list of the main references completed related to the subject of the contract, indicating the services provided, the amount, the date, and the public or private client, over the past five (5) years.
n. A statement indicating the average annual workforce of the candidate, including the management rate, over the past three (3) years.
o. A list of the main services provided in the business area covered by the contract during the past three (3) years, indicating: the amount (excluding VAT), the date, and the public or private client.
p. A description of the technical equipment and the measures implemented by the candidate to ensure the quality of its operational system.
In accordance with Article R.2143-16 of the French Public Procurement Code, the bidder must provide a French translation of any documents written in another language. The bidder is encouraged to submit documentation in English in addition to the French version, where possible.
All required certificates and attestations related to the application must be dated and signed by a person authorized to legally commit the company. The electronic signature certificate must be issued in the name of the person authorized to bind the company, or in the name of the consortium's representative. 6.1.4 Legal form to be adopted, where applicable, by a consortium of economic operators awarded the contract
Tenderers may submit their bids either individually or as a temporary consortium (joint venture) of companies. The consortium may take the form of either a joint consortium or a joint and several liability consortium. Where the consortium is a joint consortium, the lead member must be jointly and severally liable, for the performance of the contract, with each member of the consortium for their contractual obligations towards the Banque de France.
7. Assessing the eligibility of applications
7.1.Completeness of the application file
The application file must include all the documents requested in Article 6.1 of these Call for tender rules, failing which the application will be rejected.
In the event of an incomplete application file, the Contracting Authority may request that it be amended and corrected in accordance with Article R. 2144-2 of the French Public Procurement Code. Failing this, applications shall be declared ineligible and the applicant shall be eliminated.
7.2.Use of Artificial Intelligence
The tenderer shall declare, when submitting its application and tender, whether all or part of its application or tender has been prepared with the assistance of an artificial intelligence.
Where applicable, the tenderer shall specify the nature and extent of such use and shall provide a statement certifying that the content thus generated has been fully reviewed, expressly validated by the tenderer, and that the tenderer assumes full responsibility for it, in particular with regard to its accuracy, compliance with the requirements of the procurement procedure, and its lawful nature.
7.3.Minimum capacities
The minimum capacity levels are set out and described below.
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- At least one average annual revenue in the European Union greater than or equal to ?10 million (excluding VAT) over the last three financial years (2023, 2024, 2025). At least one positive net profit during the last three (3) financial years.
- At least one of the last three (3) financial years showing a shareholders' equity / share capital ratio greater than or equal to 0.5;
- Average workforce over each of the last three (3) financial years, including the management ratio.
Applications that do not meet these minimum thresholds shall be declared inadmissible and eliminated.
8. Selection of applications
8.1.Application selection procedure
Only applications that have been found to be eligible may be selected in accordance with the following criteria.
4-Minimum number of applicants invited to participate: 3.
If the number of applicants that meet the selection criteria is less than this minimum number, the Contracting Authority may nevertheless continue the procedure with the applicants that have the capacities required.
8.2.Admissibility and Selection of Applications
Applications will be assessed in accordance with the conditions set out in this document.
The Banque de France will particularly value applications including, in particular:
- A list of the main services provided in the business area covered by the contract during the past three (3) years, indicating the amount (excluding VAT), the date, and the public or private client (20 % of the overall score) ;
- A description of the technical equipment and the measures implemented by the candidate to ensure the quality of its operational system -(60 % of the overall score) ;
- A list of comparable project references (contracts involving several countries) over the past five (5) years -(20 % of the overall score).
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8.3.Scoring Method for Evaluating Applications
The criterion relating to the quality of the application will be graded on a scale from 1 (minimum) to 10 (maximum), according to the following scale: 1 - very poor; 2 - poor; 3 - very inadequate; 4 - inadequate; 5 - average; 6 - fairly good; 7 - satisfactory; 8 - good; 9 - very good; 10 - excellent.
Each application will be evaluated against each criterion.
The scores obtained for each criterion or sub-criterion will then be weighted according to the indicated coefficient, and the total score will be calculated for each application.
Finally, applications will be ranked in descending order based on their total score.
8.4.Submission of tax and social security certificates
Selected applicants must submit the following documents and certificates on the https://www.eattestations.com/ platform (made available free of charge by the Banque de France):
- The documents specified in Articles D. 8222-5 and D. 8254-2 (or, where applicable, D. 8222-7, D. 8254-3 and R. 1263-12) of the French Labour Code.
If they do not provide the above documents within the specified time limit, their application will be rejected. The next applicant will then be asked to provide the above documents. If necessary, this procedure may be repeated for as long as compliant applications remain.
The applicants concerned shall be informed immediately of the decision to reject their applications via the buyer profile platform.
The invitation to tender for the selected applicants shall be sent via the buyer profile platform.
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Bid phase
The deadline for submitting bids shall be communicated to the applicant(s) invited to submit a bid, following appraisal of the applications.
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9. Request for information during the bid phase
Bidders may request any information they deem necessary during the preparation of their bid in accordance with the following rules:
- Questions shall be asked via the buyer profile platform; Questions and any attachments thereto must not mention the name of the bidder;
- Questions shall be asked clearly and precisely (each question must refer to a document, page, chapter and paragraph).
During the bid phase, bidders shall have a period of time during which they shall be invited to submit any questions they may have. The deadline will be specified in the invitation to tender and communicated only to applicants invited to submit a bid. Any questions asked after this date shall be ignored.
The answers shall be systematically communicated to all bidders that have downloaded the tender documents from the buyer profile platform and have identified themselves no later than 6 days before the deadline for receipt of bids. Answers may be grouped together.
INCONSISTENCIES: Each bidder should report any anomalies, errors, inconsistencies, inaccuracies or omissions in the invitation to tender consultation documents that may adversely affect it via the question submission process set out here. If they do not report them, the bidders are deemed to accept that any such anomalies, errors, inconsistencies, inaccuracies or omissions have not adversely affected their understanding of the call to tender rules and requirements.
10.Site visits
- No site visit is planned.
11.Submission of bids
The Banque de France sends an invitation to tender to the selected applicants so that they may submit a technical and financial bid.
Applicants must submit bids via the Banque de France's buyer profile platform, following the procedure described in section 4. Bids in paper format are not permitted.
Companies bidding as a consortium must submit a single bid for all the members of the consortium. 12.Arrangements for negotiations
The Banque de France may award the public procurement contract on the basis of the initial bids without negotiation.
12.1. The negotiation process
When it decides to negotiate, the Banque de France negotiates the initial bids and all subsequent bids of the applicants, with the exception of the final bid.
The minimum requirements specified in the invitation to tender consultation documents are not subject to negotiation. Any bid that does not meet the minimum requirements is eliminated.
There shall be as many rounds of negotiation as is necessary to reach an understanding between the parties, with the submission of successive bids. In this case, the Contracting Authority applies the award criteria for each phase of the negotiations. In the final phase of negotiation, the number of bids
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remaining to be negotiated must be sufficient to ensure genuine competition, subject to there being a sufficient number of bids that meet the requirements.
All bidders remaining in contention after a selection phase shall be informed when changes are made to the technical specifications or other invitation to tender consultation documents, other than those that define minimum requirements, during the negotiation (Article R. 2161-19 of the French Public Procurement Code).
The negotiation proposal sets out the questions to be put to the bidder.
At the end of the negotiation, the Banque de France notifies the bidder of the procedures for submitting a modified bid or a final bid.
In the event of a contradiction between the initial bid and a new bid, or between two bids submitted in connection with the negotiations, the most recent bid shall cancel and replace the previous one.
12.2. Composition of bidders' negotiating teams
The persons appointed to participate in the negotiation meeting must have the power to act on behalf of the bidder.
12.3. Location of negotiation meetings
Negotiation meetings shall be conducted in the form of interviews, either by telephone, on the premises of the Banque de France in Paris (either in person or remotely), or through the exchange of questions via the Banque de France's e-procurement platform.
12.4. Information disclosed during negotiations
Any exchange of information during the negotiation phase shall be carried out through the “ Échanges avec les fournisseurs ” section of the Banque de France's e-procurement platform.
12.5. Date and time of negotiation meetings
Dates and times for the negotiation meetings will be communicated once the initial or intermediate bids have been analysed via the “ Échanges avec les fournisseurs ” section of the Banque de France's buyer profile platform.
12.6. Submission of a final bid after negotiation
When the Banque de France wishes to conclude the negotiations, the remaining bidders shall be notified and invited to submit their final bids on the Banque de France buyer profile platform.
If the bidder fails to meet the deadline for submission of a final bid, the initial bid or the most recent intermediate bid, if applicable, shall remain eligible for the final bid evaluation phase, unless the bidder expressly states that they wish to be withdrawn from the procedure.
Each final bid shall then be scored on the basis of the award criteria set out below.
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13.Award of the contract
At the end of the negotiations, if the negotiation procedure applied, the contract shall be awarded to the most economically advantageous tender, assessed on the basis of the award criteria specified below. To this end, eligible bids are scored in accordance with the conditions specified below.
13.1. Award criteria
The award criteria are weighted according to the following coefficients:
- criterion 1 (weighting: 35 %): Price
- criterion 2 (weighting: 60 %): Quality of the technical bid
Sub-criterion No. 1 (weight: 35 %): assessment of the responses to the technical and quality questions.
Sub-criterion No. 2 (weight: 25 %): assessment of the responses to the security questions.
- criterion 3 (weighting: 5 %): assessment of the responses to the CSR (Corporate Social Responsibility) questions.
Evaluation of the bidder's commitments and actions regarding sustainable development, social inclusion, professional ethics, and the reduction of environmental impact, in connection with the subject of the contract.
13.2. Method for scoring a bid
Rating of the criterion relating to the quality of answers to the technical, quality and security questions
The sub-criteria shall be rated on a scale from 1 (lowest) to 10 (highest) as follows: 1 - very poor; 2 - poor; 3 - very inadequate; 4 - inadequate; 5 - average; 6 - fairly good; 7 - satisfactory; 8 - good; 9 - very good; 10 - excellent.
Rating of the criterion relating to answers to the Corporate Social Responsibility criterion
The sub-criteria shall be rated on a scale from 1 (lowest) to 10 (highest) as follows: 1 - very poor; 2 - poor; 3 - very inadequate; 4 - inadequate; 5 - average; 6 - fairly good; 7 - satisfactory; 8 - good; 9 - very good; 10 - excellent.
of the
criterion
The financial bid shall be rated out of 10 according to the following formula:
Lowest bld amount
Financial score 10 X
Bid Amount of the Tenderer
The result is rounded to the nearest hundredth.
Each bid will be given a score for each criterion. The scores obtained by each bid for each criterion or subcriterion will then be weighted according to the weighting shown and added together. The bids are finally ranked according to their total score in descending order.
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The contract shall be awarded to the most economically advantageous tender (best score), assessed on the basis of the award criteria. In the event of equal scores, the lowest financial bid will be selected.
The Contracting Authority reminds that it does not impose any predefined technological model and reserves the right to select the offer it considers most suitable to its needs, taking into account the award criteria as well as the technical and regulatory constraints specified in the consultation documents.
14.Signature and notification of the contract
Exchanges of information with regard to the contract award and notification is conducted via the Banque de France's buyer profile platform.
14.1. Signing of the deed of undertaking and the contract documents
The Banque de France sends a pre-completed deed of undertaking to the awardee, which returns it signed within the specified time limit.
At the same time, the awardee shall submit, for work project contracts, the compulsory liability insurance certificate provided for in Article L. 243-2 of the French Insurance Code on the https://www.eattestations.com/ platform (made available free of charge by the Banque de France)
If the awardee does not return the deed of undertaking and the above-mentioned documents Awithin the specified time limit, the contract shall be awarded to the second applicant on the _' list. The next applicant will then be asked to provide the above documents. If necessary, this procedure may be repeated for as long as compliant applications remain.
Each document must be signed electronically using a digital certificate established in the name of a physical person authorised to act on behalf of the company.
The signature of a zipped file or a file containing multiple documents does not represent the signature of each of the documents it contains.
The signature procedures are set out in the decree of 22 March 2019 on electronic signatures of contracts in public procurement.
All Banque de France public procurement documents can be signed electronically. The signature must be an "advanced" signature based on a qualified certificate complying with Regulation (EU) No910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation).
The qualified electronic signature certificate must belong to one of the following categories (Article 2 of the aforementioned decree of 22 March 2019):
4-A qualified certificate issued by a qualified trust service provider meeting the requirements of the above-mentioned Regulation.
4-A certificate issued by a certification authority, French or foreign, which meets the requirements equivalent to Annex I of the above-mentioned Regulation.
The signature formats that can be used by any signatory entity are "XAdES, CAdES or PAdES" (Article 3 of the decree of 22 March 2019).
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The signature certificate used must comply with the following technical characteristics:
4-The identity of the signatory;
4-The signatory's certificate must belong to one of the categories of certificates referred to in Article 2;
4-It must comply with the signature format referred to in Article 3;
4-The certificate must not have expired or been revoked at the date of signature;
4-The signed document must not be impaired or modified during the signing process.
To sign, the signatory uses the signature tool of its choice.
The bidder sends the instructions needed to carry out all necessary checks with the signed document. The instructions must contain the procedure for verifying the validity of the signature.
Bidders using the signature tool provided on the Banque de France's procurement buyer profile platform do not have to include a procedure for verifying the signature.
If the applicant wishes to check the signature of a document, he/she can use the signature verification tool provided in the buyer profile in the “Signature verification” section.
14.2. Notification of the contract
After receipt of the above documents, letters are sent to the unsuccessful applicants.
Upon expiry of the minimum period provided for in Article R.2182-1 of the French Public Procurement Code, the contract shall be signed electronically by the Contracting Authority. The electronic signature of the documents must comply with the provisions of the decree of 22 March 2019 on electronic signatures in public procurement.
The contract shall be notified to the Contractor electronically and shall take effect from the date of its notification.
15.Compensation
- No financial compensation shall be paid by the Banque de France for the participation of companies in this procedure. Bidders that are not selected cannot claim any compensation.
16. Confidentiality
Information of any kind and any method, know-how, document, knowledge or objects of any kind to which bidders may have had access in connection with this invitation to tender, is confidential information. Bidders are prohibited from disclosing all or part of this information to anyone, directly or indirectly, in any manner whatsoever, under penalty of legal action.
Bidders guarantee, within the meaning of Article 1204 of the French Civil Code, that their employees, agents and any subcontractors shall comply with the confidentiality agreement as set out above. Bidders acknowledge that any disclosure would harm the interests of the Banque de France and incur their legal liability. Bidders shall therefore take all measures and implement all procedures designed to preserve the absolute confidentiality of Banque de France information.
The obligation of confidentiality shall persist after the end of this invitation to tender, including for non-selected bidders; it shall only lapse if confidential information enters the public domain or if its
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disclosure is made necessary by virtue of a provision of the law or regulations or an administrative or judicial injunction.
Submitted bids and applications are covered by trade secrecy (Article L. 2132-1 of the French Commercial Code).
17.Appeals
17.1. Right of appeal
- Pre-contractual summary proceedings provided for in Articles L. 551-1 to L. 551-12 of the French Code of Administrative Justice, which may be exercised until the contract is signed,
- Contractual summary proceedings provided for in Articles L. 551-13 to L. 551-23 of the French Code of Administrative Justice, which may be exercised within the time limits provided for in Article R. 551-7 of the French Code of Administrative Justice,
- Appeal to the court of first instance challenging the validity of the contract within two months of the completion of the appropriate disclosure measures,
- Summary proceedings for suspension (Article L. 521-1 of the French Code of Administrative Justice) open to third parties to the contract and exercised in parallel with an appeal to the court of first instance challenging the validity of the contract,
- Appeal for abuse of power against severable acts or regulatory clauses of the contract. This appeal must be lodged within the time limits specified in Article R. 421.1 of the French Code of Administrative Justice.
- Summary proceedings regarding trade secrets provided for in Article R. 557-3 of the French Code of Administrative Justice, in the event of a breach of trade secrets at any stage of the procurement procedure.
17.2. Competent courts for appeal proceedings
Administrative court
Postal address: 7 rue de Jouy
75181 Paris Cedex 04.
FRANCE
Email:
[email protected]Telephone: +33 (0)1 44 59 44 00
Internet address: (URL) : http://paris.tribunal-administratif.fr
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ANNEX 1:
Attestation with regard to restrictive measures in view of russia's actions
destabilising the situation in Ukraine
Pursuant to Article 5k(1) of amended Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of russia's actions destabilising the situation in Ukraine.
I solemnly affirm that there is no russian involvement in the company that I represent, beyond the limits set out in Article 5k(1) of Council Regulation (EU) No. 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, as amended by Council Regulation (EU) No. 2022/578 of 8 April 2022. In particular, I affirm that:
- a) The company that I represent (and the companies that are members of the consortium) is neither Russian nor established in russia;
- b) The company that I represent (and the companies that are members of the consortium) is not more than 50 %-owned, directly or indirectly, by a russian national or a natural or legal person, entity or body established in russia;
- c) Neither I nor the company that I represent act on behalf of or on the instructions of an entity referred to in points (a) or (b);
- d) No subcontractor, supplier or other entity whose services have been used and whose services represent more than 10 % of the total value of the contract falls under one of the cases (a) to (c) listed above.
Date:
Applicant's identity
Name, first name and position of the signatory 1.
1 The document is signed electronically in compliance with the provisions on electronic signatures in public procurement. Page 22 - 22
