Article R2212-1 of the French Public procurement code
November 7, 2023
The project appraisal includes an assessment of how the project will be carried out and a study of its budgetary sustainability.
The project appraisal includes an assessment of how the project will be carried out and a study of its budgetary sustainability.
The assessment of how the project will be carried out and the study of budgetary sustainability are updated at any time during the award procedure in the event of new circumstances that are likely to substantially alter its general structure.
When the partnership contract is awarded in the form of a framework agreement, the assessment of how the project will be carried out and the budgetary sustainability study are carried out before the framework agreement award procedure is launched.
The assessment of the project implementation method referred to in article L. 2212-1 includes: 1° A general presentation; 2° A comparative analysis, at current values, of the various contractual and institutional public procurement options that may be considered for implementing the project; 3° A presentation of the main risks of the project, including the financial risks and the distribution of risks between the purchaser and the contractor and, where applicable,…
The general presentation referred to in article R. 2212-4 includes in particular: 1° The purpose of the project, its background, context, challenges and the characteristics of its economic equilibrium; 2° The purchaser’s skills, status and financial capacity.
The comparative analysis, at current values, of the different possible contractual and institutional public procurement options mentioned in article R. 2212-4 includes: 1° An overall description, including in particular the scope, procedures and timetable for each of the phases of the project, as well as the total duration of the contract; 2° An estimate of the full cost of the different options, including in particular the programming, design, construction, financing…
The expert body, which reports to the Minister for the Economy, will issue an opinion on the assessment of the project’s implementation method within six weeks of the project being referred to it.If it fails to do so, its opinion will be deemed favourable.
The procedures for organising and operating the expert body referred to in Article R. 2212-7 are set out in Decree no. 2016-522 of 27 April 2016 on the infrastructure financing support mission.
The budgetary sustainability study takes into account all the financial aspects of the partnership contract project.This includes in particular:1° The estimated overall cost of the contract on an annual average basis;2° An indication of the proportion that this cost represents of the purchaser’s annual self-financing capacity and its effect on its financial situation;3° The impact of the contract on the purchaser’s compulsory expenditure, its consequences on its indebtedness and its…
The Minister for the Budget, to whom the assessment of how the project will be carried out is communicated, issues a reasoned opinion on the budgetary sustainability study.He gives his opinion within six weeks of the referral.Failing this, his opinion is deemed to be favourable.
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75001, Paris France
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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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