Heading 4-Public procurement (1) (2) (3) (4) (5) (6)
(1) If the services relate to a building, its geographical location is indicated on one of the supporting documents attached to the mandate.
>(2) The expenditure is presented under the sole responsibility of the authorising officer, under one of the sub-headings described in this heading 4.
(2) Expenditure is presented under the sole responsibility of the authorising officer, according to one of the sub-headings described in this section 4.
(3) For the payment of contracts concluded with a foreign contractor who has a tax representative or agent in France, see the documents required under heading “05 – Payment of sums due to foreign creditors”.
(4) Electronically signed contracts under this heading sent as supporting documents must be accompanied by the result of the validation process in accordance with the order referred to in Article R. 2182-3 of the French Public Procurement Code, or failing this by an administrative certificate attesting to the presence of the signatures and their link with the contract. The result of the validation process or the administrative certificate will no longer need to be produced once the shared signature control tool is operational.
(5) Where they are not produced in electronic form, the contract documents are sent to the accounting officer in duplicate. One of the copies of all the contractual documents shall be kept by the accounting officer for the duration of the contract to be attached in support of the mandate for payment of the balance.
(6) The decision to reject an invoice from a supplier that does not comply with the obligation to dematerialise invoices rests with the authorising officer. The accounting officer is nonetheless responsible for checking that invoices are produced on a medium, whether paper or dematerialised, that enables him to carry out his checks on the validity of the debt.
40. Compensation for late payment: payment of default interest, flat-rate compensation and additional compensation
1. Contract, if applicable.
2. Statement of settlement.
41. Public contracts (7)
(7) The representative of the contracting authority alone is responsible for calculating the thresholds provided for in the public procurement code, in particular with regard to the similarity and homogeneity of the services or, in the case of works, of all the expenditure contributing to the same operation.
411. Public contracts below the amount set by regulation below which they are not required to be in writing
4111. Unwritten public contracts (8) (9)
Memorandum or invoice.
(8) Any payment of an advance, or of a deposit, as well as any deduction of a guarantee deduction or the application of a price variation or a late payment penalty must be the subject of a written document.
(9) Regardless of their value, project management contracts must be in writing (cf. article L.2432-1 of the Public Order Code).
4112. Public contracts not subject to the obligation to be in writing but voluntarily subject to being in writing (10)
(10) The mandatory information for these public contracts awarded in accordance with articles L. 2112-1 and R. 2112-1 of the French Public Procurement Code, are described in Annex G of this list.
1. A written document.
2. Where applicable, a document setting out the amendments made to the written document.
3. Memorandum or invoice and any document referred to in the writing that has financial implications.
412. Public contracts equal to or exceeding the amount fixed by regulation above which they must be in writing (11) (12) (13) (14)
(11) The content of public contracts subject to the obligation to be in writing, as well as the information that must obligatorily appear on them, are defined by Articles L. 2112-1 to L. 2112-6 of the French Public Procurement Code. The information that must appear on invoices and statements of account is described in Annex C of this list.
The compulsory information on these invoices and statements of account is described in Annex C of this list.
(12) The compulsory information for these public contracts awarded in accordance with Articles L. 2112-1 and R. 2112-1 of the French Public Procurement Code is described in Annex G of this list.
(13) Project management contracts are service contracts and all project management services, from the first euro, give rise to a written contract, which sets out the fixed remuneration of the project manager broken down by project elements (article L. 2432-1 and R. 2432-6 of the French Public Order Code).
(14) In the absence of a written contract for public contracts equal to or greater than the amount set by regulation above which they must be in writing, the authorising officer must present an administrative certificate in support of the expenditure certifying that he takes responsibility for the absence of a written contract (CE, Sect. 8 February 2012, CCAS de Polaincourt, req N°340698).
4121. Written public contracts that do not refer to a set of general administrative clauses (CCAG) approved by decree (15).
(15) The use of CCAGs is optional in accordance with Articles R. 2112-2 and R. 2112-3 of the Public Order Code. CCAGs that have not been approved by decree are produced in support of the first payment order for the contract that refers to them.
41211. General documents
All contract documents required for the financial performance of the contract.
41212. Repayment of retention money
1. Authorising officer’s decision to release the retention money or, where applicable, receipt of a substitute guarantee.
2. If not previously submitted to the accounting officer, supporting documents required for payment of the balance.
>.
3. Where applicable, decision to lift reservations.
4122. Written public contracts referring to a GCC approved by decree
41221. General documents
412211. Documents to be provided with the first payment
1. Initial contractual documents of the contract listed in the special administrative clauses or in the CCAG, excluding the general technical clauses, the special technical clauses and the general administrative clauses when the contract refers to one of the administrative clauses approved by decree.
2.
2. Where applicable, list of prices or rates or scales applicable.
>.
3. Where applicable, the first demand guarantee(s) or personal or joint and several surety(ies) (16).
(16) The guarantee covering the entire contract must not be required at the stage of payment of an advance.
412212. Other general documents, if applicable
1. Document evidencing changes to the contract, service order, with financial implications.
2. For supply and service contracts:
2-a. Where the contract does not provide for the possibility of amending its amount: document showing the amendments made to the contract.
> 2-b.
2-b. Where the contract provides for the possibility of amending its amount: document setting out the consequences of the review clause provided for in the contract.
.
3. For works contracts:
3-a. When the contract does not allow for an increase in its contractual amount:
In the event that the contractual amount is exceeded, the contracting authority must inform the contractor.
If the contractual amount is exceeded, a document showing the changes made to the contract:
.
3-b. When the contract allows an increase in its contractual amount:
3-b-1. Where the contractual amount is exceeded within the limit stipulated in the contract:
– administrative certificate from the authorising officer or mention in a document from the contractor advising, at least one month in advance, the main contractor that the contractual amount will soon be reached
or
– certificate from the authorising officer stating that the contractor has complied with his obligations to inform the main contractor in accordance with the procedure described opposite.
3-b-2. If the contractual amount is exceeded beyond the limit stipulated in the contract:
Document showing the changes made to the contract.
3-c. When the contract price is reduced and this reduction was not initially provided for in the contract: document showing the changes made to the contract.
4. In the event of an overrun in the contractor’s share offset by a reduction in the share of the subcontractor(s): document evidencing the changes made to the contract or special amending deed reducing the share of the subcontractor(s) by the amount of the increase in the contractor’s share.
41222. Special documents
412221. In the event of express renewal
Decision to renew.
412222. Payment of bonuses and allowances
4122221. Bonuses in connection with a competition
1. Competition rules setting out the terms and conditions for the payment of bonuses.
2. Notice from the jury setting out the distribution of prizes to be awarded
>.
3. Statement of account by beneficiary.
4122222. Indemnities to be paid to members of the jury
Deliberation or decision of the director for public health establishments.
4122223. Allowances in the context of a competitive dialogue procedure
1. The rules governing the consultation or the notice of the public call for tenders setting out the arrangements for the allocation of bonuses.
2. Statement of account for each beneficiary.
412223. Advances
1. Statement of advances.
2. Where applicable, first demand guarantee or personal and joint surety for repayment of the advance.
412224 Advance payments
1. Authorising officer’s statement of account showing the amount of sums due by way of payment on account, drawn up in accordance with Annex D.
2. Where applicable, summary statement of price updates and/or revisions, drawn up in accordance with Annex E.
>.
3. Summary statement of the advance payment by category of services or invoice, or situation or memorandum drawn up in accordance with Annex C.
>.
4. Where applicable, administrative certificate from the authorising officer or statement that this is the final payment on account if the initial contract amount has been reached.
412225. Final partial payment, single and full payment, payment of the balance
4122251. Supply and service contracts
1. Invoice or memorandum bearing the statements set out in Annex C.
2. Where applicable, decision to accept with a reduction.
>.
3. – In the sole case where penalties are applied by the authorising officer to payments, the statement of account;
In the case of exemption or reduction, the statement of account.
– Where these penalties are waived or reduced: decision of the competent authority waiving or reducing the penalties;
>.
4. Where applicable, statement of price updates and/or revisions, drawn up in accordance with Annex E.
.
5. In the event of termination of the contract, termination decision and settlement statement.
4122252. Works contracts
1. Acceptance decision taken by the competent authority or, failing that, a proposal from the project manager or a court decision setting the effective date of acceptance,
or
In the event of termination:
– decision to terminate;
– report of acceptance of the works and parts of works carried out.
2. General and final statement of account (17),
or
Where applicable, termination statement.
3. Report, situation, statement, memorandum or invoice justifying the settlement;
In the event of disagreement: general statement of account accepted by the authorising officer and any supplement to the balance mandated on the basis of a document justifying the agreement between the parties or a court decision.
4. – In the sole case where penalties are applied by the authorising officer to payments: statement of account.
In the case of exemption or cancellation of payments, the authorising officer must submit a statement of account.
– Where these penalties are waived or reduced: deliberation or decision of the competent authority granting the waiver or reduction.
5. Where applicable, statement of price updates and/or revisions, drawn up in accordance with Annex E.
(17) In the event of a tacitly accepted general and final account being drawn up and in order to determine the starting point of the period for payment of the balance, production of an attestation, an administrative certificate or a note affixed to the general and final account (DGD) by the representative of the contracting authority indicating the date of expiry of the 10-day period provided for in article 13.4.4 of the CCAG-travaux.
412226. Reimbursement of the retention deposit
1. Authorising officer’s decision to release the retention money or, where applicable, receipt of a substitute guarantee.
2. If not previously submitted to the accounting officer, supporting documents required for payment of the balance.
>.
3. Where applicable, decision to lift reservations.
413. Framework agreements (18)
(18) Framework agreements, regardless of their value, are likely to refer to a CCAG approved by order (heading 4122), or not to refer to a CCAG approved by order (heading 4121).
4131. General parts
41311. Framework agreement executed by purchase order
1. Framework agreement: documents listed under heading 412 depending on how the authorising officer presents the expenditure.
2. Only in the case where bonuses or penalties are deducted, the purchase order implementing the financial provisions of the contract relating to performance deadlines, bonuses or penalties.
3. When the date of performance of the services is after the end date of the contract: the corresponding purchase order(s).
>.
4. In the event of payment of an advance: the corresponding order form.
41312. Framework agreement executed by subsequent contract
1. Framework agreement.
2. Subsequent contract awarded on the basis of the framework agreement: documents listed under heading 412 in accordance with the procedure for presentation of expenditure by the authorising officer.
3. Only where bonuses or penalties are deducted, the purchase order implementing the financial provisions of the contract relating to performance deadlines, bonuses or penalties.
>.
4. When the date of performance of the services is after the end date of the contract: the corresponding purchase order(s).
>.
5. In the event of payment of an advance: the corresponding order form.
4132. Repayment of the retention money
1. Authorising officer’s decision to release the retention money or, where applicable, receipt of a substitute guarantee.
2. If not previously submitted to the accounting officer, supporting documents required for payment of the balance.
>.
3. Where applicable, decision to lift reservations.
414. Subcontracting and direct payment
4141. Direct payment
41411. General documents (to be provided on first payment)
1. Contract, document evidencing amendments to the contract, special act or any document drawn up by the authorising officer and the contract holder specifying the nature of the subcontracted services, the name, company name, address of the subcontractor and its SIRET number, the amount of the subcontracted services and the terms of payment laid down for each subcontract (19).
2. Supporting document produced by the contract holder establishing that the assignment (or pledge) of its claim does not prevent direct payment to the subcontractor,
> or
.
or
Certificate stating that the claim has not been assigned or pledged.
>.
3. In the event of changes to the subcontracted services:
a) A special deed of amendment or any written document justifying the change on the part of the subcontractor;
> b) Where applicable, a material document justifying the change on the part of the subcontractor.
b) Where applicable, document showing the increase in the overall amount of the contract;
And/or
Document evidencing the changes made to the contract, special amending deed or any written document justifying the reduction in the share of the other subcontractor(s) by the amount of the change referred to in a).
(19) No payment may be made to a subcontractor by way of direct payment in the absence of a written document, contract, document evidencing the modifications made to the contract, or special subcontracting deed establishing the rights of the subcontractor. Acceptance of the subcontractor and approval of its payment terms may result from tacit agreement by the contracting authority (see articles L. 2193-13, R. 2193-12, R. 2193-13 of the French Public Order Code). This tacit agreement may take the form of an administrative certificate supported by the subcontracting declaration drawn up by the contractor. This declaration states the nature of the subcontracted services, the name, company name, address and SIRET number of the subcontractor, the amount of the subcontracted services and the terms of payment. The administrative certificate must indicate the date on which tacit agreement was reached (expiry of the twenty-one day period provided for in Articles L. 2193-13, R. 2193-12 and R. 2193-13 of the Public Order Code).
41412. Specific documents
414121. Advances
1. All documents produced by the contractor for payment to him of expenditure of the same nature.
2. Where applicable, supporting documents produced by the contract holder establishing the reimbursement of the advance paid to him in respect of subcontracted services.
>.
3. Statement of the amount of the advance payment
>.
4. Where applicable, first demand guarantee or personal and joint surety for the repayment of the advance.
414122. Advance payment, single payment in full, payment of balance
1. All the documents produced by the contract holder for the payment to him of expenditure of the same nature.
2. Certificate from the holder, or invoice, or tracking form from the shared solution (20), indicating the sum to be paid directly to the subcontractor,
> or
or
In the event of receivership, compulsory liquidation or impediment of the holder and in the absence of a certificate from the holder or his representative, a certificate from the project owner indicating the sum to be paid directly to the subcontractor,
>
or
Amicable agreement or court decision
>.
3. Where applicable, where the holder has not given his agreement or notified his refusal on expiry of the time limit set, the subcontractor’s invoice.
(20) In the context of electronic invoicing, account is taken of the mutualised solution, (Chorus Pro), described in Article L. 2192-5 of the Public Order Code.
4142. Subcontracting and direct action
41421. Payment to the subcontractor
1. Formal notice sent by the subcontractor to the contract holder to pay him a sum due for a specified amount under a subcontract and for the performance of the contract.
2. Request for payment accompanied by a report on the physical inspection of the services performed and the acceptance of the contractor,
> or
or
Final court decision,
> or
or
Agreement between the parties.
41422. Payment to the contract holder
Receipt from the subcontractor certifying payment by the contract holder and signed by the contract holder and the subcontractor or final court decision or agreement of the interested parties.
415. Central purchasing bodies, grouped orders
4151. Ordering groups (21)
(21) Articles L. 2113-6 to L. 2113-8 of the French Public Order Code.
41511. Documents to be provided in all cases
Agreement setting up the consortium.
41512. Documents to be provided depending on the case
415121. Cases where each member of the consortium performs its own part
Documents listed under headings 411 and 412 depending on how the expenditure is presented to the authorising officer.
415122. Case where the coordinator performs the contract on behalf of all the members of the consortium
4151221. Where the coordinator contributes to disbursements
1. Documents listed under headings 411 and 412, depending on how the expenditure is presented to the authorising officer.
2. Request from the coordinator when the constituent agreement does not provide for the amount and terms of payment of the contribution.
4151222. In the event of reimbursement
1. Documents listed under headings 411 and 412, depending on how the expenditure is presented to the authorising officer.
2. Statement of account or statement of account drawn up by the coordinator.
4152. Payment to a central purchasing body (22)
(22) A central purchasing body is necessarily a purchaser subject to the public order code, i.e. a contracting authority or a contracting entity, as defined in articles L. 1211-1 and L. 1212-1 of the public order code.
41521. Payment for the purchase of supplies or services (23)
1. Where applicable, agreement between the public entity and the central purchasing body, or membership deed.
2. Invoice or statement issued by the central purchasing body.
(23) 1° of Article L. 2113-2 of the French Public Procurement Code.
41522. Payment for contractual intermediation for the purchase of supplies, services or works (24)
(24) 2° of Article L. 2113-2 of the French Public Procurement Code.
1. Mandate agreement between the public entity and the central purchasing body relating to the service concerned.
2. Invoice or memorandum issued by the central purchasing body, or where applicable, the supplier.
41523. Advance to the Union des Groupements d’Achat Public (UGAP)
1. Where applicable, agreement.
2. Memorandum.
416. Payments to third parties substituted for the original creditor
.
4161. Payments in the event of assignment of claims or pledge
.
41611. Common documents
Documents listed under headings 411 and 412 depending on how the authorising officer presents the expenditure.
41612. Specific documents
416121. Payment to a credit institution as assignee or beneficiary of a pledge
1. In the case of a public contract covered by a written contract, a single copy of the contract, of the document setting out the amendments made to the contract, of the special act or of any written document referred to in section 41411, bearing a statement by the authorising officer indicating that this document is issued in a single copy with a view to the assignment (or pledge) of receivables arising from the contract,
or
Certificate of transferability
.
2. Notification of the assignment (or pledge) by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain (25).
3. Where applicable, notification of the transfer of the slip by the transferee by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain.
>.
4. Where applicable, certificate from the credit institution stating that the assignment (or pledge) does not prevent direct payment of the subcontracted party or has been reduced to meet this condition.
>.
5. Where payment is due solely as a result of acceptance of the assignment of the claim, a deed of acceptance of the assignment signed by the authorising officer (26).
(25) The assignment or pledge slip does not have to be produced to the assigning accountant.
(26) Acceptance of the assignment of the claim obliges the public entity to pay the assignee in full without raising any objection against it arising from its relationship with the assigned company and in particular the manner in which it performed the contract.
416122. Payment to an assignee or pledgee under ordinary law
1. In the case of a public contract that is the subject of a written contract, a single copy of the contract, of the document evidencing the amendments made to the contract, of the special act or of any written document referred to in heading 41411, bearing a statement by the authorising officer to the effect that this document is issued in a single copy with a view to the assignment (or pledging) of receivables arising from the contract,
or
Certificate of transferability
.
2. Notification of the assignment (or pledge) by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain (27).
3. Where applicable, a certificate from the assignee (or the beneficiary of the pledge) stating that the assignment (or the pledge) does not prevent direct payment of the subcontracted party or has been reduced to meet this condition.
>.
4. Where payment is due solely as a result of acceptance of the assignment of the claim, a deed of acceptance of the assignment signed by the authorising officer (28).
(27) The assignment or pledge slip does not have to be produced to the assigning accountant.
(28) Acceptance of the assignment of the claim obliges the public entity to pay the assignee in full without raising any objection against it arising from its relationship with the assigned company and in particular the manner in which it performed the contract.
41613. Payment to the assignor (or to the contract holder or subcontractor initiating the pledge)
Discharge of the assignment (or pledge) given by the credit institution by registered letter with acknowledgement of receipt, or by any other means giving a date certain,
or
For an assignment (or pledge) under ordinary law, a certificate of final withdrawal issued by the assignee (or the beneficiary of the pledge) under ordinary law by registered letter with acknowledgement of receipt, or by any other means that provides a date certain.
4162. Payment under a delegation of receivables relating to a public contract
41621. Payment to a delegate of the contract holder or subcontractor entitled to direct payment
416211. Common documents
Documents listed under headings 411 and 412 depending on how the authorising officer presents the expenditure.
416212. Specific documents
– delegation agreement between the public entity, the contract holder or the subcontractor entitled to direct payment and the delegatee;
– supporting document produced by the delegator establishing that the assignment (or pledge) of its claim does not prevent the delegation from being carried out or that its amount has been reduced so that the delegation is possible;
or
– a certificate stating that the claim has not been assigned or pledged.
41622. Payment to a second-tier subcontractor
.
416221. Common documents
Documents listed under headings 411 and 412 depending on how the authorising officer presents the expenditure.
416222. Specific documents
1. Supporting documents relating to the claim by the 1st tier subcontractor as defined in heading 414.
2. Delegation agreement
>.
3. Document drawn up by the 1st tier subcontractor indicating the sum to be paid to the 2ndᵉ tier subcontractor, which sum may not exceed the limit of the amount recognised as due to the 1st tier subcontractor.
4. Supporting document produced by the delegating party establishing that the assignment (or pledge) of its claim does not prevent the delegation from being carried out or that its amount has been reduced so that the delegation is possible,
or
Certificate attesting that the claim has not been assigned or pledged.
4163. Payment to a factor
.
41631. As part of an assignment or pledge (paragraph B of appendix F to this list)
Supporting documents provided for under headings 41611 and 416121, exhibits 1 to 4.
41632. In the subrogation framework (paragraph A of appendix F to this list)
1. Supporting documents for the payment of contracts in accordance with the way the authorising officer presents the expenditure.
2. Statutory subrogative mention made on the payment request (memorandum, invoice, status of work, etc.) under the conditions set out in paragraph A of Annex F to this decree.
3. In the event of more than one objection, a dated subrogated receipt.
417. Payment in exceptional circumstances
4171. Payment in an emergency situation
41711. Requisition of a company
1. Company requisition order
.
2. Where applicable, supporting documents required by the order
>.
3. Invoice or memorandum.
41712. Contracts performed in situations of extreme urgency
1. Contract or exchange of correspondence between the public authority and the company.
2. Where applicable, documents provided for in the contract or exchange of letters.
>.
3. Invoice or memorandum.
4172. Payment as part of a transaction
.
1. Deliberation authorising the transaction, except for public health establishments (EPS).
2. Transaction.
3. If the transaction terminates the contract, supporting documents provided for under heading 412225 (29).
(29) Where the transaction includes operations to balance the contract, no other documents are required to make the payment.
4173. Payment in the event of performance at the expense and risk of the contractor (mise en régie des prestations d’un contrat public) (30)
1. Decision to perform services at the expense and risk of the contractor.
2. Report on the work carried out before the contract was awarded.
3. Statement(s) of account for work carried out after the transfer to the public sector.
(30) Performance at the expense and risk of the contractor (mise en régie) is defined as the means offered to the public purchaser to relieve its co-contractor of its prerogatives and to continue performance of the services at the risk and peril of the defaulting co-contractor using its own human and material resources.
418. Other specific public contracts
4181 School transport
41811. Payment to the “second-tier” organising authority or to the competent authority in the event of a change to the urban perimeter
418111 First payment
1. Agreement setting out the conditions for financing the transport services for which responsibility is transferred.
2. Deliberation authorising the authorising officer to enter into the agreement
.
3. Deliberations of the deliberative assemblies of the delegating organising authority and the delegating second-tier organising authority approving the agreement
.
4. Statement of settlement
418112 Other payments
Statement of settlement.
41812. Payment to the holder of the public contract awarded by the second-tier organising authority
Documents listed under heading 412.
4182. Public leasing contract
41821. Property leasing
418211. Contract performance
4182111. First payment
1. Contract, where applicable with mention of registration in the property register and mentioning, in particular, the rights acquired by the lessor of the building.
2. Reply attesting to the absence of mortgage registration (31)
.
3. Statement of account or invoice.
(31) Reply statement issued under the conditions set out in the property acquisitions section.
4182112. Other payments
Statement.
418212. Takeover of a leasing contract (32)
1. Contract of assignment and leasing contract.
2. Statement attesting to the absence of mortgage registration (33).
3. Statement of account
(32) The local authority takes the place of the first lessee by assignment.
(33) Reply statement issued in accordance with the conditions set out in the section on property acquisitions.
418213. Compensation paid by lessee on termination of contract
1. Deed terminating the contract.
2. Statement of account applying the contractual penalty clause,
or
Compensation fixed by the judge.
418214. Extension of leasing contract
Document evidencing the changes made to the contract with, where applicable, mention of publication in the real estate file.
418215. Completion of the promise to sell
1. Decision of the deliberative assembly authorising the exercise of the option.
2. Statement of account showing payments made and the residual value set by reference to the market.
>.
3. Statement attesting to the absence of mortgage registration.
41822. Equipment leasing
418221. Contract performance
4182211. First payment
1. Contract.
2. Settlement.
4182212. Other payments
Settlement.
418222. Takeover of a leasing contract
4182221. First payment
1. Assignment contract and leasing contract.
2. Settlement.
4182222. Other payments
Settlement.
418223. Compensation paid by lessee on termination of contract
1. Deliberation authorising termination
.
2. Statement of account applying the contractual penalty clause,
Or compensation set by the court.
Or compensation set by the judge.
418224. Extension of leasing contract
Document evidencing the changes made to the contract.
418225. Completion of promise to sell
1. Decision of the deliberative assembly authorising the exercise of the option.
2. Statement of account showing payments made and the residual value set by reference to the contract.
4183. Public insurance contract
41831. First premium
1. Insurance contract.
2. Insurer’s notice of payment.
41832. Other premiums
Insurer’s notice of payment.
41833. Amendment of contract clauses
1. If the amendment results from legal provisions, revision statement.
2. If the amendment results from the will of the contractors, amended insurance contract or document evidencing the amendments made to the contract and payment notice.
4184. Payment of operations carried out under mandate
41841. Payment of agent’s remuneration
1. Agency agreement.
2. Statement of account
41842. Financing of operations carried out by the agent
418421. Where the agent is a body without a public accountant
4184211. Advances
a) First payment
Mandate agreement and, where applicable, document evidencing amendments to the agreement.
b) Other payments
Statement of operations and their amounts justifying the use of the last advance paid, accompanied by the supporting documents provided for under the relevant headings in this list according to the nature of the expenditure relating to these operations
.
4184212. Reimbursement of disbursements
a) First payment
>.
1. Agency agreement and, where applicable, document evidencing amendments to the agreement.
2. Breakdown of operations carried out, accompanied by the supporting documents provided for under the relevant headings in this list, according to the nature of the expenditure relating to these operations.
b) Other payments
Breakdown of operations carried out accompanied by the supporting documents provided for under the relevant headings in this list according to the nature of the expenditure relating to these operations.
418422. Where the agent is a body with a public accountant
4184221. Advances
a) First payment
1. Agency agreement and, where applicable, document evidencing amendments to the agreement.
2. Where applicable, the decision setting the amount of the advance and the basis on which it is calculated.
b) Other payments
Statement of operations and their amounts justifying the use of the penultimate advance, accompanied by a certificate from the accounting officer certifying that the payments made by him are supported by the corresponding supporting documents provided for in this list and that he is in possession of all the documents relating to these operations.
4184222. Reimbursement of disbursements
a) First payment
1. Agency agreement and, where applicable, document evidencing amendments to the agreement.
2. Statement of transactions carried out.
b) Other payments
Breakdown of transactions carried out.
4185. Contract for the issue of purchasing cards
41851. First payment for acquisition card issue contract
1. Acquisition card issuing contract.
2. Where applicable, contract executed by acquisition cards.
3. Where applicable, annexes to the contract with financial implications.
4. Statement of transactions relating to the debt payable to the issuer
>.
5. Where applicable, any supporting documents defined in the contractual documents.
6. Where applicable, invoice for the acquisition card issuing service.
41852. Subsequent payments from the acquisition card issuing contract
1. Transaction statements relating to the receivable payable to the issuer.
2. Where applicable, invoice for the acquisition card issuing service.
419. Partnership contracts (34)
(34) The mandatory information to be included in partnership contracts is described in Annex H to this list.
4191. General documents
1. Partnership contract containing the mandatory information described in Annex H including a payment schedule.
2. Certificate stating that the conditions for payment of the remuneration have been met.
>.
3. Memorandum or invoice.
4192. Specific documents
1. Where applicable, supporting documents defined in the partnership contract, where they have financial consequences.
2. Where applicable, the deed recording the taking of possession of the work.
3. In the case of an advance payment provided for in the contract, partnership contract.
4. In the case of an advance payment, a statement of account
.
5. In the case of subcontracting, a personal and joint guarantee from a financial organisation (or delegation from the project owner to the subcontractor up to the amount of the services performed by the subcontractor).
6. In the case of a partnership contract concluded by a consortium, the consortium agreement.
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7. In the case of a partnership contract grant, payment schedule and written agreement setting out the payment terms.
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8. In the case of payment of bonuses to candidates, tender rules or public invitation to tender notice setting out the terms and conditions for the allocation of bonuses and a breakdown by beneficiary.
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9. In the event of default by the contract holder, document recording the transfer of the contracts entered into by the private partner to the public entity.
4193. Payment in the event of assignment of claim or pledge
41931. Payment to a credit institution or payment to a financing organisation as part of an assignment provided for in articles L. 214-169 et seq. of the Monetary and Financial Code.
1. Documents listed under headings 4191 and 4192.
2. Notification of the assignment (or pledge) by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain (35).
3. Where applicable, notification of the transfer of the slip by the transferee by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain.
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4. In the event of a transfer pursuant to Article L. 313-29-1 of the Monetary and Financial Code, a certificate from the public entity stating that the investments have been made.
(35) The assignment or pledge slip does not have to be produced to the assigning accountant.
41932. Payment to the assignor (or contract holder)
Release of the assignment (or pledge) given by the credit institution or financing body by registered letter with acknowledgement of receipt, or by any other means that provides a date certain,
or
For an assignment (or pledge) under ordinary law, certificate of definitive withdrawal issued by the assignee (or the beneficiary of the pledge) under ordinary law by registered letter with acknowledgement of receipt, or by any other means that provides a date certain.
42. Concession contracts (36) (37)
(36) The legal regime for concession contracts is set out in the Public Procurement Code and articles L. 1411-1 et seq. of the General Local Authorities Code.
(37) The mandatory information that must appear in concession contracts is described in Annex J to this list.
421. General documents for concession contracts
1. Concession contract and, where applicable, specifications.
2. Where applicable, document evidencing amendments to the contract, service order, with financial implications.
3. Where applicable, supporting documents provided for in the contract, where these have financial implications.
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4. Dealer’s invoice or memorandum.
422. Documents for concession contracts delegating a public service in the field of drinking water, sanitation and the treatment of household waste and other waste
1. Documents listed under heading 421
.
2. The opinion of the DDFiP or DRFiP on the duration of the contract, if it exceeds 20 years (38).
(38) Contracts under this heading may not have a term of more than 20 years unless prior review is given by the DDFiP/DRFiP (Articles L. 3114-8 and D. 3114-3 of the Public Order Code).
423. Payment to third parties substituted for the original creditor
4231. Common documents
Documents listed under headings 421 and 422 depending on the subject of the contract.
4232. Payment of claims relating to an assignment or pledge of claims under ordinary law
.
1. Notification of the assignment (or pledge) by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain (39).
2. Where payment is due solely as a result of the acceptance of the assignment of the claim, a deed of acceptance of the assignment by the authorising officer.
(39) The assignment or pledge slip need not be produced to the assigning accountant.
4233. Payment to a credit institution that is the assignee or beneficiary of a pledge as part of an assignment of receivables provided for in articles L. 313-23 et seq. of the Monetary and Financial Code
1. Notification of the assignment (or pledge) by registered letter with acknowledgement of receipt, or by any other means capable of providing a date certain (40).
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2. Where applicable, notification of the transmission of the slip by the beneficiary of the transmission by registered letter with acknowledgement of receipt, or any other means enabling a date to be given as certain.
(40) The transfer or pledge slip does not have to be produced to the assigning accountant.
4234. Payment to the assignor (or concession holder)
Release of the assignment (or pledge) given by the credit institution by registered letter with acknowledgement of receipt, or by any other means that provides a date certain,
or
For an assignment (or pledge) under ordinary law, a certificate of definitive withdrawal issued by the assignee (or the beneficiary of the pledge) under ordinary law by registered letter with acknowledgement of receipt, or by any other means that provides a date certain.
4235. Payment under a delegation of receivables relating to a concession contract
1. Documents listed under headings 421 and 422 depending on the purpose of the contract giving rise to the claim.
2. Delegation of claim agreement.
424. Groups of assigning authorities (41)
(41) Articles L. 3112-1 to L. 3112-4 of the Code de la commande publique
4241. Documents to be provided in all cases
Agreement setting up the consortium
.
4242. Documents to be provided depending on the case
42421. Cases where each member of the consortium performs its own part
Documents listed under headings 421 and 422 depending on how the expenditure is presented to the authorising officer.
42422. Cases where the coordinator performs the contract on behalf of all the members of the consortium
424221. In the event of a contribution to the coordinator’s disbursements
1. Documents listed under headings 421 and 422 depending on how the expenditure is presented by the authorising officer.
2. Request from the coordinator when the constituent agreement does not stipulate the amount and terms of payment of the contribution.
424222. In the event of reimbursement
1. Documents listed under headings 421 and 422 depending on how the expenditure is presented by the authorising officer.
2. Statement of account or statement of account drawn up by the coordinator.
425. Payment as part of a transaction
1. Deliberation or decision by the director of the public health institution authorising the settlement.
2. Settlement.