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Article L2221-1 of the French Public procurement code

For partnership contracts concluded by the State and those of its public establishments, the launch of the partnership contract award procedure by the purchaser is subject to authorisation by the competent administrative authorities under conditions laid down by regulation.These provisions apply to partnership contracts concluded by the State on behalf of purchasers not authorised to conclude their own partnership contracts.

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Article L2221-2 of the French Public procurement code

In the case of local authorities and their public bodies, the assessment of how the project is to be carried out, the budgetary sustainability study and the opinions on these are presented to the deliberative assembly or governing body, which decides on the principle of using a partnership contract.

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Article L2222-1 of the French Public procurement code

The purchaser may provide that the financing terms indicated in the final tender may be adjusted.These adjustments may not have the effect of calling into question the conditions of competitive tendering by exonerating the purchaser from the obligation to comply with the principle of choosing the most economically advantageous tender, or of allowing the prospective contractor to alter the structure of its tender.The adjustment to the tender only concerns the…

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Article L2222-2 of the French Public procurement code

The tenderer to whom it is intended to award the partnership contract must submit the definitive financing within a deadline set by the purchaser. If it fails to do so, the partnership contract may not be awarded to it and the tenderer whose tender was ranked immediately after its own may be asked to submit the definitive financing for its tender within the same deadline.

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