Since 1 January 2012, French contracting authorities have been obliged to accept applications and bids transmitted by electronic means for all purchases worth at least €90 000 excl. VAT, regardless of the subject matter of the public procurement contract (supplies, works, provision of services).

This step further in the dematerialisation of public procurement is expected to stimulate ICT investment by bidding companies while pushing contracting authorities to either acquire the necessary equipment individually or to team up with each other to find common solutions.  

Since 2010, moreover, the following provisions have been in force: 

1. The contracting authorities, regardless of the subject matter of the contract, can make the transmission of applications and tenders by electronic means compulsory via their buyer's profile, provided there are no identified obstacles for the companies of the relevant business sector to install the required equipment. 
2. In addition, for all purchases worth at least €90 000 excl. VAT, the contracting authorities have to publish the contract notice and the tender documents on their buyer's profile. For the buyer's profile to conform to the applicable provisions, it must enable the electronic transmission of applications and tenders. An Internet website deprived of such functionality is not a buyer's profile within the meaning of the law. For the purchase of IT equipment and services worth at least €90 000 excluding VAT, the bidders must transmit their applications and bids via the buyer's profile.

Background information: 

Under the Public Procurement Code, the electronic transmission of mail in the framework of public procurement procedures has been possible since 2001. Likewise, from that year on contracting authorities have had the right to require the electronic transmission of tenders in the framework of simplified competitive tenders. Since 2005, buyers have not been able to refuse electronically mailed documents in the framework of formalised procedures.

Further information:

• Source - Technical factsheet of the Economic Observatory for Public Procurement - Ministry of Economy, Finance and Industry (in French)
• Background information - ePractice eGovernment Factsheet for France