Article L2213-2 of the French Public procurement code
November 8, 2023
The duration of the partnership contract is determined according to the amortisation period of the investments or the financing arrangements chosen.
The duration of the partnership contract is determined according to the amortisation period of the investments or the financing arrangements chosen.
Where the purchaser entrusts all or part of the design of the works to the contractor, the contract performance conditions must include the obligation to identify a project management team responsible for designing the works and monitoring their implementation. When the purchaser entrusts the contractor with only part of the design of the works, he may himself, by way of derogation from the obligation set out in article L. 2431-3,…
A public entity may contribute to the financing of investments.
Partnership contracts may give rise to subsidies and other financial contributions. The terms and payment schedule for these grants and other financial contributions may be adapted to the duration of the contract.
The contribution made by the State, local authorities or other public bodies to the financing of investments may take the form of a minority shareholding in the capital of the licensee when the latter is set up as a company dedicated to carrying out the project. In this case, the articles of association of this project company specify the distribution of risks between the shareholders and the measures taken to…
The partnership contract sets out the conditions under which the owner’s shareholding may be changed, if the owner is incorporated as a company dedicated to the project. In particular, it sets out the procedures for informing the purchaser and, where applicable, the procedures for sharing the capital gain on the sale of the shares.
The contractor’s remuneration is paid by the purchaser as from the completion of the compulsory main tasks mentioned in the first paragraph of article L. 1112-1 and throughout the duration of the contract. This remuneration is linked to performance targets assigned to the contractor for each phase of the contract.
The contract sets out the conditions under which income from ancillary activities or from the development of the estate by the licensee reduces the remuneration paid by the purchaser.
Where the partnership contract involves the occupation of the public domain, it constitutes an authorisation to occupy this domain for its duration. Unless otherwise stipulated in the contract, the contractor has rights in rem over the works and equipment it builds. These rights confer on it the prerogatives and obligations of the owner, under the conditions and within the limits defined by the clauses of the contract designed to guarantee…
The partnership contract sets out the conditions under which the works, equipment or intangible assets are made available to the purchaser. In particular, it guarantees that the works, equipment or intangible assets are assigned to the public service for which the purchaser is responsible and that the requirements of the public service are met.
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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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