Chapter I: Conditions for using partnership contracts

Any purchaser is authorised to conclude a partnership contract, with the exception of the purchasers mentioned in the second paragraph. Within the meaning of this book, unauthorised purchasers are bodies, other than the State, falling within the category of central public administrations, the list of which is established by the order mentioned in I of Article 12 of the law of 28 December 2010 on public finance programming for the…

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.