5. Our advice

5.1 Check the conditions for intervention by a public operator

In order to respect the principle of equal access to public contracts, the terms and conditions under which a public operator intervenes must not distort the conditions of competition between this entity and private operators. The bidding public entity must therefore be able to justify, where applicable, that its proposed price has been determined taking into account all direct and indirect costs contributing to the formation of the price of the service covered by the contract, and that in determining the proposed price, it has not benefited from an advantage deriving from the resources or means allocated to it by virtue of its public service mission.