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Article R2211-1 of the French Public procurement code

Purchasers may only use a partnership contract if its value exceeds a threshold set at : 1° €2 million excluding tax when the main purpose of the partnership contract is for intangible assets, information systems or equipment other than works, and when the contract includes quantified energy performance targets and provides that the contractor’s remuneration is to take account of the achievement of these targets; 2° €5 million excluding tax…

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Article R2211-2 of the French Public procurement code

The value of the partnership contract taken into account for the purposes of applying the threshold mentioned in article R. 2211-1 is the value estimated at the time the invitation to tender is sent to the publication. This value includes: 1° The contractor’s remuneration paid by the purchaser; 2° Where applicable, income from ancillary activities or from the development of the estate; 3° Where applicable, any public funding.

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Article R2211-3 of the French Public procurement code

In order to draw up the balance sheet provided for in article L. 2211-6, the purchaser shall take into account its capacity to carry out the project, the characteristics, cost and complexity of the project, the objectives pursued and, where applicable, the requirements of the public service or the mission of general interest for which it is responsible.

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Article R2211-4 of the French Public procurement code

In order to demonstrate that the assessment referred to in article R. 2211-3 is more favourable than that of other possible methods of carrying out the project, the purchaser shall carry out an overall assessment of the advantages and disadvantages of using a partnership contract, taking into account in particular: 1° The extent to which control of the project is transferred to the contractor; 2° The scope of the tasks…

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