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Article R2391-1 of the French Public procurement code

The purchaser shall grant an advance payment to the holder of a contract when the initial amount of the contract is greater than 250,000 euros excluding tax and insofar as the performance period is greater than three months. When the contractor is a small or medium-sized enterprise or a craftsman within the meaning of Article R. 2351-12, an advance is paid when the initial amount of the contract or tranche…

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Article R2391-4 of the French Public procurement code

Where the term of the contract is less than or equal to twelve months, the amount of the advance payment is set at between 5% and 30% of the initial amount of the contract inclusive of all taxes. Where the term of the contract is greater than twelve months, the amount of the advance payment is set at between 5% and 30% of a sum equal to twelve times the…

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Article R2391-5 of the French Public procurement code

The purchaser may increase the amount of the advance payment above 30% of the amount calculated in accordance with the provisions of article R. 2391-4. In this case, it may make payment conditional upon the provision of a first demand guarantee. This guarantee may cover all or part of the advance payment. The two parties may agree to substitute this guarantee with a personal and joint guarantee. The provision of…

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Article R2391-10 of the French Public procurement code

In the case of a contract with instalments, the contract may provide for the reimbursement of the advance payment to be deducted in advance from the sum due to the contractor in respect of the advance payment made for the next instalment, where the next instalment has been completed before the amount of the services performed under the previous instalment has reached 80% of the amount of the previous instalment,…

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