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Chapter II: RULES APPLICABLE TO CERTAIN DEFENCE OR SECURITY CONTRACTS BASED ON THEIR PURPOSE

Article R2372-1 of the French Public procurement code

The purpose of project management contracts is, with a view to the construction of a work, to carry out one or more elements of the task set out in article L. 2431-1. These contracts are awarded in accordance with the procedures set out in this section and, where they and the purchasers who conclude them are subject to Book IV, in accordance with the provisions of that Book.

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Article R2372-2 of the French Public procurement code

For project management contracts that meet a need whose estimated value is equal to or greater than the formal procedure thresholds, the purchaser may use: 1° a restricted invitation to tender under the conditions laid down in Article R. 2372-3 ; 2° Or use the procedure with negotiation under the conditions laid down in Article R. 2372-4 ; 3° Or use the procedure without prior publication or competitive tendering where…

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Article R2372-4 of the French Public procurement code

When the procedure with negotiation is used, the purchaser, after obtaining the opinion of the jury composed in accordance with the provisions of article R. 2371-6, draws up the list of candidates admitted to negotiate, the number of which may not be less than three, unless the number of candidates is insufficient.

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Article R2372-5 of the French Public procurement code

For the award of a project management contract relating to the refurbishment of a structure, the purchaser may use a competitive dialogue when the conditions for using this procedure are met. A jury may be set up in accordance with the provisions of article R. 2371-6. In this case, it examines the applications and formulates a reasoned opinion on them in a report. The purchaser draws up the list of…

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Article R2372-6 of the French Public procurement code

For project management contracts relating to works to which the provisions of Book IV apply, tenderers who have submitted services in accordance with the consultation documents are awarded a premium. The amount of the bonus awarded to each tenderer is equal to the estimated price of the studies to be carried out, reduced by a maximum of 20%.

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Article R2372-7 of the French Public procurement code

For project management contracts relating to works to which the provisions of Book IV do not apply, tenderers who have submitted services in accordance with the consultation documents are entitled to a bonus, the amount of which is freely defined by the purchaser.

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Article R2372-9 of the French Public procurement code

The consultation documents indicate the amount of the premium that will be paid to tenderers and how it will be reduced or waived.The remuneration of the holder of the project management contract takes account of the premium he has received for taking part in the procedure.

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