A partnership contract may be concluded for the purpose of carrying out an operation that meets the needs of another legal entity governed by public or private law, with a view to the performance of its tasks. In this case, an agreement is signed between the purchaser who concludes the partnership contract and the body for whose needs the partnership contract is concluded.
The State may enter into a partnership contract on behalf of an unauthorised purchaser, provided that:1° The ministry responsible has examined the project;2° The operation is sustainable in terms of its impact on public finances and the financial situation of the public entity.
Where several purchasers are simultaneously responsible for carrying out a project, they may designate by agreement which of them will carry out the prior assessment, conduct the award procedure and, where appropriate, sign the contract and monitor its performance.Where appropriate, this agreement shall specify the conditions for this transfer of responsibility and fix the term thereof.
Purchasers may only use a partnership contract if the value of the contract exceeds thresholds set by regulation according to the nature and purpose of the contract, the technical and financial capabilities of the purchaser and the level of risk involved.
The procedure for awarding a partnership contract may only be initiated if the purchaser demonstrates that, taking into account the characteristics of the planned project, the requirements of the public service or the mission of general interest with which the purchaser is entrusted, or the shortcomings and difficulties observed in the implementation of comparable projects, the use of such a contract presents a more favourable balance sheet, particularly in financial…
Before deciding to use a partnership contract, the purchaser must carry out an evaluation comparing the various possible methods of carrying out the project. This assessment includes a full-cost analysis and any information that may help the purchaser to choose the method for carrying out the project.
The assessment of how the project is to be carried out is submitted for the opinion of an expert body set up by regulation.
Before deciding to use a partnership contract, the purchaser must carry out a budgetary sustainability study that assesses the impact of the contract on public finances and the availability of funds.
The budget sustainability study is submitted to the relevant government department for its opinion.
The partnership contract includes the compulsory main tasks mentioned in the first paragraph of L. 1112-1 and, where applicable, all or some of the additional tasks mentioned in 1° to 3° of the same article. It also sets out the conditions under which the risks are shared between the purchaser and the contractor.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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