Article L2213-12 of the French Public procurement code
The partnership contract may provide for the purchaser to exercise an option enabling it to acquire the facilities built under the contract before the term set by the occupation permit.
The partnership contract may provide for the purchaser to exercise an option enabling it to acquire the facilities built under the contract before the term set by the occupation permit.
The partnership contract sets out the consequences of the early or early termination of the contract in terms of ownership of the works, equipment or intangible assets.
The partnership contract stipulates the minimum proportion of contract performance that the contractor undertakes to entrust to small and medium-sized enterprises or tradespeople. This minimum proportion is set in accordance with conditions laid down by regulation.
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.
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.
For other purchasers, the assessment of how the project will be carried out, the budget sustainability study and the opinions on these are presented to the decision-making body, which decides on the principle of using a partnership contract.
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…
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.
Where the partnership contract entrusts the contractor with all or part of the design of the works, equipment or intangible assets, the bids must include an architectural project for the buildings.
Among the criteria for awarding the contract, the purchaser shall take account of the proportion of the performance of the contract which the tenderer undertakes to entrust to small and medium-sized enterprises or to craftsmen.
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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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