Mandatory information to be included in a partnership contract
1. Identification of the contracting parties. (1)
2. Definition of the subject of the partnership contract. (1)
3. Duration of the contract. (2)
4. Remuneration of the co-contractor including, in particular, a breakdown between investment costs, operating costs and financing costs and, where applicable, income from ancillary activities or from the development of the estate. (3)
5. Procedures for varying the elements of the remuneration during the term of the contract. (4)
6. Conditions under which risks are shared between the public entity and its co-contractor (5)
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7. Performance targets assigned to the co-contractor (3)
8. Sanctions and penalties applicable to the contractor in the event of failure to fulfil its obligations, in particular in the event of failure to comply with the performance targets. (3)
9. Periodicity of presentation of accounts and how they are to be substantiated. (6)
10. Payment arrangements, in particular the conditions under which, each year, the sums owed by the public entity to its co-contractor and those owed by the latter in respect of penalties or sanctions are offset. (7)
11. Consequences of early or early termination of the contract, in particular as regards compensation for expenditure incurred by the contractor, ownership of works, equipment or intangible assets. (8)
12. Where applicable, conditions for the payment of advances or instalments. (9)
(1) Article 19 of Decree no. 2012-1246 of 7 November 2012 on public budgetary and accounting management.
(2) Article L. 2213-2 of the French Public Procurement Code.
(3) Articles L. 2213-8 and R. 2213-1 of the French Public Procurement Code.
(4) Article R. 2213-2 of the French Public Procurement Code.
(5) Article L. 2213-1 of the code de la commande publique
(6) Articles L. 2234-3, R. 2234-1 to R. 2234-2 of the French Public Procurement Code.
(7) Article R. 2213-3 of the French Public Procurement Code.
(8) Article L. 2213-13 of the French Public Procurement Code
(9) Article L. 2232-1 of the French Public Procurement Code.