marché libre

English translation: unrestricted / non-restricted contract

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:marché libre
English translation:unrestricted / non-restricted contract
Entered by: Thomas Miles

07:39 Jul 21, 2020
French to English translations [PRO]
Bus/Financial - Law: Contract(s)
French term or phrase: marché libre
This is a form that a company initiating a call for tenders requests tendering companies to complete for their subcontractors, to enable the latter to be vetted.

One section of the form asks for the type of contract to be specified. Options include
'marché classifié'
'marché sensible'
*marché libre*

In this context of a 'marché public' (itself mentioned elsewhere) where all other instances of 'marché' appear as individual agreements with specific conditions, i.e. contracts, I am very reluctant to translate 'marché libre' as 'free market' alone.

I am considering:
'freely awarded contract'
'unrestricted contract'
'open contract'
'free-market contract'

Any guidance from other public procurement projects would be welcome.

xxx
Thomas Miles
France
Local time: 13:02
unrestricted / non-restricted contract
Explanation:
You do first need to decide which wayy to go with 'marché' — clearly this is not a 'market' in the widest sense of the term; in fact, the nearest sense to FR 'marché' is really a 'deal' — which encompases the whole notion of the procurement process, contract award, etc. Sadly, though, that word simply couldn't be used in this register in EN.
I think the overall idea here is probably "we are inviting tenders for a contract that has a 'non-restricted' confidentiality rating." Note that in this sort of context 'non-restricted' and 'unrestricted' are not necessarily precise synonyms.
Selected response from:

Tony M
France
Local time: 13:02
Grading comment
Thank you for your guidance
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +4unrestricted / non-restricted contract
Tony M
5 -3Open market
Michael Roberts
2informal, unclassified procurement contract
Adrian MM.
3 -4free trade
Lisa Rosengard


Discussion entries: 6





  

Answers


43 mins   confidence: Answerer confidence 5/5 peer agreement (net): -3
Open market


Explanation:
Anyone can bid

Michael Roberts
Morocco
Local time: 12:02
Works in field
Native speaker of: Native in EnglishEnglish, Native in FrenchFrench
Notes to answerer
Asker: I hope you are enjoying al-maghrib!


Peer comments on this answer (and responses from the answerer)
neutral  writeaway: any refs to back so much confidence?
1 hr

disagree  AllegroTrans: 'Marché' doesn't mean 'market' here
4 hrs

disagree  Tony M: That in itself is a very specific set expression — and it not translated by the S/T here.
12 hrs

disagree  Daryo: in this case 'un marché' doesn't mean 'the market / marketplace'
23 hrs
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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
unrestricted / non-restricted contract


Explanation:
You do first need to decide which wayy to go with 'marché' — clearly this is not a 'market' in the widest sense of the term; in fact, the nearest sense to FR 'marché' is really a 'deal' — which encompases the whole notion of the procurement process, contract award, etc. Sadly, though, that word simply couldn't be used in this register in EN.
I think the overall idea here is probably "we are inviting tenders for a contract that has a 'non-restricted' confidentiality rating." Note that in this sort of context 'non-restricted' and 'unrestricted' are not necessarily precise synonyms.

Tony M
France
Local time: 13:02
Native speaker of: Native in EnglishEnglish
PRO pts in category: 343
Grading comment
Thank you for your guidance
Notes to answerer
Asker: Thanks Tony.


Peer comments on this answer (and responses from the answerer)
agree  Daryo: or any variation on "open to any bidder" = anyone (who is capable enough of delivering the goods / services requested) is "free to bid" // a small correction: at this stage it's only a "tender" - it becomes a "contract" only when one bidder is chosen.
11 hrs
  -> Thanks, Daryo! However, I don't believe it means 'open to anyone' / yes, that is always the problem translating FR 'marché'.

agree  Cyril Tollari: I normally translate 'contract' by 'marché' in French. I think you're right. Libre just means the content of the contract is not classified/sensitive information. It doesn't mean it's open to any bidder.
11 hrs
  -> Merci, Cyril !

agree  AllegroTrans: Yes, I think you're right about confidentiality level bearing in mind the other two levels in the source text
15 hrs
  -> Thanks, C!

agree  philgoddard
19 hrs
  -> Thanks, Phil!
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1 day 6 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
informal, unclassified procurement contract


Explanation:
At first sight, looked like an over-the-counter bargain on the stock exchange or
a contract by private treaty: contrat conclue de gré à gré, but - in that list opening with 'marché *classifié*' and shamefully piggybacking Tony M's 'classification' idea - I am sitting on the fence of informal or impomptu and unclassified vs. non-classified.

Obiter, I feel that public procurement needs to preface the type of deal in point,

Example sentence(s):
  • These international sales are in addition to other transactions that were finalized by private treaty in the barns and alleyways of Agribition. sca-fcc.ca Ces ventes internationales s'ajoutent à d'autres transactions qui ont été conclues de gré à
  • s architectes, bureaux d'études et géomètres sont choisis soit sur appel d'offres, soit de gré à gré. ketb.com Architects, design firms and land surveyors are selected through bidding procedures or private agreements.

    Reference: http://www.acquisition.gov/content/14409-1-award-unclassifie...
    Reference: http://dpi.wi.gov/school-nutrition/program-requirements/proc...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 86
Notes to answerer
Asker: As always, an interesting perspective!


Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: I cannot conceive of an "informal" contract somehow, given the amount of red tape attached to the procurement process plus the fact that confidentiality levels are involved here
12 mins
  -> The informal was meant to pre-empt the idea of 'unclassified', plus public procurement contracts in certain countries are awarded by 'word of mouth'..
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8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -4
free trade


Explanation:
There's very little information but I believe 'marché libre' refers to free, as in unrestricted, trading or business sales enterprise. The information refers to the tender of sub-contractors in which company managers complete forms as part of a tendering process (offer surrounding the supply of goods or services). However, this suggests that the 'free trade' is in respect to the trade or perhaps exchange of labour, which concerns services as opposed to the trade of goods or commodities. The information also mentions that the forms completed are purpose designed to vet sub-contractors (check them for approval and suitability). Therefore the free trade or open market is somewhat limited within realms of approval.
('marché classifié, marché sensible'
'classified and sensitive trade or market')
(Collins gem new English dictionary, latest reprint 2001)

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Note added at 15 hrs (2020-07-21 23:19:20 GMT)
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Je crois que le 'marché libre' se traite du commerce libre ou des ventes libres des entreprises. Il s'agit des offres, des demandes ou des propositions de quelques sous-traitants dedans un procédé dont la gestion d'entreprises doit remplir des formulaires comme partie du procédé de la vente (offre autour de la provision des merchandises ou des services). Cependant, ça sugère que le marché libre respecte le commerce ou peut-être l'échange du travail en ce qui concerne des services au lieu des merchandises comme des commodités. L'information mentionne aussi que les formulaires remplis existent pour faire des vérifications des sous-traitants qui sont soigneusement filtrés. Le marché libre ou le commerce libre est donc un peu limité dedans des raisons de vérification et d'approbation.

If one considers the question posed, one reads that a company which intends to tender has been requested to complete application forms as part of a process to allow subcontractors to be vetted. The market arrangement is not totally unrestricted.



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Note added at 2 days 3 hrs (2020-07-23 11:20:19 GMT)
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www,ukmarkets.com
www.ecnmy.org/learn/your-world/globalization/what-is-free-t...

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Note added at 2 days 3 hrs (2020-07-23 11:22:40 GMT)
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www.ukmarkets.com

Lisa Rosengard
United Kingdom
Local time: 12:02
Native speaker of: English
PRO pts in category: 4
Notes to answerer
Asker: I appreciate the time you spent writing up your answer.


Peer comments on this answer (and responses from the answerer)
disagree  Tony M: That is absolutely NOT what it means in any way, shape or form! And plucking dictionary definitions and stringing them together is not what professional translation is all about.
4 hrs

disagree  Daryo: there is no need nor reason whatsoever to "believe" anything - there are enough clues if you can recognise them to be 99.999% sure.
16 hrs

disagree  AllegroTrans: Totally agree with above two comments. This is an industry TERM (I will repeat, TERM) - not two separate isolated words. You need to look seriously at what you are posting on this forum as you seem to be unable to recognise and respect context.
19 hrs

disagree  philgoddard: Your explanation makes even less sense than your answer.
1 day 20 mins
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