Responding to a public procurement contract is done online, on the buyer profile (profil d'acheteur, the platform on which the public buyer publishes its tenders and receives bids, such as PLACE for central government), and the electronic signature there follows precise rules: not every signature level is suitable. Here is what is required, and when.
What is required
French public procurement regulations require, for signing a contract electronically, an advanced signature based on a qualified certificate, or a qualified signature within the meaning of the eIDAS Regulation (arrêté of 22 March 2019 on the electronic signature of public procurement contracts).
The signature format matters too: the PAdES signature, embedded in the PDF, is one of the accepted formats. It is the one 1-signature produces.
When to sign
In most procedures, the bid submitted does not need to be signed: it is the successful company — the awardee — that signs the contract, when it is awarded. Some buyers do, however, ask for a signed bid at submission: the consultation rules (règlement de la consultation, the tender's instructions to bidders) say so.
So read the consultation rules first: they say what to sign, when, and in what format.
Which level to choose
Levels 5 and 6 produce a qualified signature, the one public procurement accepts without question:
- level 5: with France Identité (the French national ID app) and a credit-card-format national identity card;
- level 6: with Identité Numérique La Poste (La Poste's digital identity).
Levels 1 to 4 are not suitable for a public procurement contract. Level 4 does issue a certificate in your name, but it is not a qualified certificate.
Signing on behalf of the company
The signature must be that of a person authorised to bind the company: its legal representative, or a person who has received a delegation. 1-signature signs in the name of the natural person who signs; it is up to the company to be able to show, if the buyer asks, that this person had the power to bind it.
Good habits
- Plan ahead: France Identité requires prior certification at a town hall, Identité Numérique La Poste an identity check. Neither can be obtained the day before a deadline.
- Sign each document in its final version: a modification after signing breaks the signature.
- Upload to the buyer profile the signed PDF exactly as you downloaded it, without re-saving it or printing it to PDF: that would erase the signature.
