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Article L2421-1 of the French Public procurement code

The responsibilities of the project owner, who must first ensure the feasibility and appropriateness of each proposed project, are as follows: 1° Determining the location of the project; 2° Drawing up the programme defined in article L. 2421-2; 3° Determining the provisional financial envelope; 4° Financing the operation; 5° Choosing the process by which the work will be carried out; 6° Concluding the public contracts for the studies and execution…

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Article L2421-2 of the French Public procurement code

The programme drawn up by the project owner includes the following elements relating to the construction and use of the project:1° The objectives to be achieved by the project;2° The needs to be met by the project;3° The constraints and requirements in terms of social, town-planning, architectural, functional, technical and economic quality, integration into the landscape and environmental protection.

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Article L2421-3 of the French Public procurement code

The project owner draws up the programme and sets the estimated financial budget for the project before the project manager begins preliminary design studies.The project owner may specify the programme and financial budget before the project manager begins design studies.

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Article L2421-4 of the French Public procurement code

The development of the programme and the setting of the provisional financial envelope may continue during the preliminary design studies for:1° Refurbishment projects;2° New construction projects involving complex works, provided that the project owner has specified this in the tender documents for the public works contract.

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Article L2422-2 of the French Public procurement code

The project owner may award public contracts for project management assistance relating to one or more specialised areas, in particular relating to all or part of the preparation of the programme, the setting of the estimated financial budget for the project or specialised advice in a technical, financial, legal or administrative area.

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Article L2422-4 of the French Public procurement code

The role of project manager is incompatible with any project management, technical inspection role as defined in article L. 125-1 of the French Construction and Housing Code or work execution role relating to the same project and carried out either directly by the project manager or by an affiliated company as defined in article L. 2511-8.

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Article L2422-5 of the French Public procurement code

Within the limits of the programme and the provisional financial envelope for the operation that he has decided, the project owner may entrust an agent, by means of a project management contract, with the exercise, in his name and on his behalf, of all or part of the powers referred to in article L. 2422-6, under the conditions of this section. However, sub-section 4 of this section does not apply…

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