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Section 1: Acceptance of the subcontractor and approval of the terms of payment

Article R2193-1 of the French Public procurement code

Where the declaration of subcontracting is made when the tender is submitted, the tenderer shall provide the purchaser with a declaration containing all of the following information: 1° The nature of the services to be subcontracted; 2° The name, business name or corporate name and address of the proposed subcontractor; 3° The maximum amount of the sums to be paid to the subcontractor; 4° The terms of payment provided for…

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Article R2193-3 of the French Public procurement code

When the declaration of subcontracting is made after notification of the contract, the contractor shall submit to the purchaser, against receipt or by registered letter with acknowledgement of receipt, a special subcontracting document containing the information mentioned in article R. 2193-1 .The holder also proves that no assignment or pledging of receivables resulting from the contract prevents direct payment to the subcontractor, by producing, where the provisions of Chapter I…

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Article R2193-4 of the French Public procurement code

Acceptance of the subcontractor and approval of the terms of payment are evidenced by the signature of the special subcontracting agreement. If the purchaser remains silent for twenty-one days from receipt of the documents mentioned in article R. 2193-3, this shall also constitute acceptance of the subcontractor and approval of the terms of payment.

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Article R2193-5 of the French Public procurement code

Where the contractor intends, after notification of the contract, to entrust to subcontractors benefiting from direct payment the performance of services for an amount greater than that indicated in the contract or the special act and where the provisions of Chapter I of this Title apply, he shall ask the purchaser, without prejudice to the provisions relating to acceptance of the subcontractor in sub-section 1 of this section, to amend…

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Article R2193-6 of the French Public procurement code

Where the single copy or the certificate of transferability has been submitted with a view to the assignment or pledging of receivables and cannot be returned, the contractor must provide proof either that the assignment or pledging of receivables relating to the contract is for an amount such that it does not prevent direct payment of the subcontracted part, or that the amount has been reduced so that such payment…

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Article R2193-7 of the French Public procurement code

The purchaser may not accept a subcontractor or approve its terms of payment if the single copy or the certificate of transferability has not been amended or if the proof referred to in article R. 2193-6 has not been submitted to it. If the purchaser remains silent for twenty-one days from receipt of the documents mentioned in the first paragraph and in article R. 2193-3, this constitutes acceptance of the…

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Article R2193-8 of the French Public procurement code

Any change during the performance of the contract in the allocation of services between the contractor and the subcontractors paid directly or between the subcontractors themselves requires the modification of the single copy or the certificate of transferability or, where applicable, the production of a certificate or release from the assignee(s).

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